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Judiciary and Courts (Scotland) Act 2008

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Lord President and Lord Justice ClerkS

19AppointmentS

(1)This section applies where a vacancy arises, or is expected to arise, in the office of Lord President or the office of Lord Justice Clerk.

(2)The First Minister must establish a panel in accordance with schedule 2.

(3)The function of the panel is to recommend to the First Minister individuals who are suitable for appointment to fill the vacancy.

(4)For the purposes of section 95(2) of the Scotland Act 1998 (c. 46), the First Minister must not nominate any individual for appointment to fill the vacancy until the panel has made its recommendation under subsection (3).

(5)In deciding whom to nominate for the purposes of that section, the First Minister must have regard to the panel's recommendation.

20Selection criteriaS

(1)This section applies where a panel established under section 19(2) is selecting an individual to be recommended by it as suitable for appointment.

(2)Selection must be solely on merit.

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

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