Search Legislation

Judiciary and Courts (Scotland) Act 2008

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Judicial Appointments Board for Scotland

 Help about opening options

Changes to legislation:

Judiciary and Courts (Scotland) Act 2008, Cross Heading: Judicial Appointments Board for Scotland is up to date with all changes known to be in force on or before 23 September 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Judicial Appointments Board for ScotlandS

9The Judicial Appointments Board for ScotlandS

(1)There is established a body to be known as the Judicial Appointments Board for Scotland (referred to in this Chapter as “the Board”).

(2)The functions of the Board are—

(a)to recommend to members of the Scottish Executive individuals for appointment to judicial offices within the Board's remit, and

(b)to provide advice to members of the Scottish Executive in connection with such appointments.

(3)In carrying out its functions, the Board is not to be subject to the direction or control of any member of the Scottish Executive or any other person.

(4)Schedule 1 makes further provision about the Board.

10Judicial offices within the Board's remitS

(1)The judicial offices within the Board's remit are—

(a)the office of judge of the Court of Session,

(b)the office of Chairman of the Scottish Land Court,

(c)the office of temporary judge (except in any case where the individual to be appointed to the office holds or has held one of the offices mentioned in subsection (2)),

(d)the office of sheriff principal,

(e)the office of sheriff,

(f)the office of part-time sheriff, F1...

[F2(fza)the office of summary sheriff,

(fzb)the office of part-time summary sheriff,]

[F3(fa)the positions within the Scottish Tribunals mentioned in subsection (2A), and]

(g)such other judicial offices (whether full-time, part-time or temporary) as the Scottish Ministers may by order specify.

(2)The offices referred to in subsection (1)(c) are—

(a)the office of judge of the European Court,

(b)the office of judge of the European Court of Human Rights,

(c)the office of Chairman of the Scottish Land Court,

(d)the office of sheriff principal, and

(e)the office of sheriff.

[F4(2A)The positions within the Scottish Tribunals are—

(a)Vice-President of the Upper Tribunal, if to be appointed under section 26(1) of the Tribunals (Scotland) Act 2014,

(b)Chamber President in the First-tier Tribunal, if to be appointed under section 22(1) of that Act,

(c)Deputy Chamber President in the First-tier Tribunal, if to be appointed under the relevant provisions of schedule 4 to that Act,

(d)ordinary member or legal member of the First-tier Tribunal or the Upper Tribunal, if to be appointed under the relevant provisions of schedule 3 or (as the case may be) schedule 5 to that Act.]

(3)The Scottish Ministers may specify a judicial office under subsection (1)(g) only if the First Minister has, or the Scottish Ministers have, the function of making appointments to the office, or of nominating or recommending individuals for appointment to the office.

(4)In subsection (1)(g), “judicial office ”means—

(a)the office of judge of any court,

(b)the office of member of any tribunal, or

(c)any other office, or appointment, consisting of functions of a judicial nature.

11Recommendations of the BoardS

(1)The relevant Minister may—

(a)appoint an individual to a judicial office within the Board's remit, or

(b)nominate or recommend an individual for appointment to such an office,

only if the Board has recommended the individual for appointment to the office.

(2)Subsection (3) applies where—

(a)the Board has recommended an individual for appointment, and

(b)the relevant Minister has decided not to accept the recommendation.

(3)The relevant Minister must give the Board notice of the decision.

(4)The notice must include the reasons for the decision.

(5)On receipt of the notice, the Board must—

(a)reconsider its recommendation, and

(b)make a further recommendation (whether of the same or a different individual).

(6)In this section references to the relevant Minister are—

(a)where the First Minister has the function of making appointments to the judicial office concerned, or nominating or recommending individuals for appointment to the office, references to the First Minister,

(b)where the Scottish Ministers have that function, references to the Scottish Ministers.

12Selection criteriaS

(1)This section applies where the Board is selecting an individual to be recommended by it for appointment.

(2)Selection must be solely on merit.

(3)The Board may select an individual only if it is satisfied that the individual is of good character.

13Assessment of legal knowledge, skills and competenceS

(1)Only the judicial and legal members of the Board may take part in any assessment by the Board of an individual's—

(a)knowledge of the law, or

(b)skills and competence in the interpretation and application of the law.

(2)Subsection (1) does not prevent a member of the Board from taking part in a decision of the Board as to whether to recommend an individual for appointment to a judicial office.

14Encouragement of diversityS

(1)In carrying out its functions, the Board must have regard to the need to encourage diversity in the range of individuals available for selection to be recommended for appointment to a judicial office.

(2)Subsection (1) is subject to section 12.

15GuidanceS

(1)The Scottish Ministers may issue guidance to the Board as to the procedures to be followed by it in the carrying out of its functions.

(2)The Lord President may issue guidance to the Board as to the procedures to be followed by it in the carrying out of its functions.

(3)Guidance issued under subsection (1) or (2) may, in particular, relate to the manner in which the Board is to publicise vacancies and identify candidates for any appointment.

(4)In carrying out its functions, the Board must have regard to any guidance issued under this section.

(5)The Scottish Ministers must publish any guidance issued under subsection (1).

(6)The Lord President must publish any guidance issued under subsection (2).

16Guidance: procedureS

(1)Before issuing any guidance under section 15(1) or (2), the Scottish Ministers or, as the case may be, the Lord President must lay a draft of the proposed guidance before the Scottish Parliament.

(2)The Scottish Ministers or, as the case may be, the Lord President must not issue the guidance before the expiry of the period of 21 days beginning with the day on which the draft of it is laid before the Parliament under subsection (1).

(3)If, during that period, the Parliament by resolution makes any recommendations in relation to the draft guidance, the Scottish Ministers or, as the case may be, the Lord President must have regard to those recommendations.

(4)The Scottish Ministers must, before laying a draft of proposed guidance before the Parliament under subsection (1), consult the Lord President and the Board on the draft.

(5)The Lord President must, before laying a draft of proposed guidance before the Parliament under subsection (1), consult the Scottish Ministers and the Board on the draft.

(6)In calculating a period of 21 days for the purposes of subsection (2), no account is to be taken of any time during which the Parliament is—

(a)dissolved, or

(b)in recess for more than 4 days.

17Confidentiality of informationS

(1)A person (whether or not a member of the Board or its staff) who has provided or obtained confidential information in connection with the carrying out of the Board's functions must not disclose the information unless the disclosure is authorised.

(2)Information is confidential for the purposes of subsection (1) if it relates to an identified or identifiable individual.

(3)Disclosure of information is authorised for the purposes of subsection (1) only so far as it is—

(a)made with the consent of the individual to whom the information relates,

(b)necessary for the purposes of the carrying out by the Board of its functions,

(c)necessary for the purposes of the carrying out by a member of the Scottish Executive of a function of appointing an individual to a judicial office within the Board's remit, or nominating or recommending an individual for appointment to such an office, or

(d)required for the purposes of any legal proceedings, whether criminal or civil, (including for the purposes of the investigation of any offence or suspected offence).

(4)For the purposes of this section, an opinion or other information given by one identified or identifiable individual about another is to be treated as information that relates to both individuals.

(5)This section does not prevent the disclosure of information which is already, or has previously been, in the public domain.

(6)Any disclosure of information in contravention of this section which causes loss or damage to the individual to whom the information relates is actionable at the instance of that individual.

18Annual reportS

(1)As soon as practicable after the end of each year, the Board must—

(a)prepare and publish a report on the carrying out of its functions during that year, and

(b)send a copy of the report to the Scottish Ministers.

(2)The Scottish Ministers must lay before the Scottish Parliament a copy of each report sent to them by the Board under subsection (1)(b).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources