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Judiciary and Courts (Scotland) Act 2008

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This is the original version (as it was originally enacted).

Term of office

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6(1)A member holds office for such period of not more than 4 years as—

(a)the Lord President in the case of a judicial member, or

(b)the Scottish Ministers in the case of a legal or lay member,

at the time of appointment, may determine.

(2)A person who is or has been a member may be reappointed (whether in the same or a different capacity) for further periods.

(3)However, a person may not hold office as a member for periods (whether or not consecutive) totalling more than 8 years.

(4)A member’s appointment ceases—

(a)on expiry of the member’s period of appointment,

(b)on the member’s becoming disqualified from holding office as a member,

(c)in the case of a judicial or legal member, on the member’s ceasing to fall within the judicial or legal membership category under which the member was appointed, or

(d)in the case of a lay member, on the member’s ceasing to be qualified for appointment as a lay member.

(5)However, despite the occurrence (or likely occurrence) of an event mentioned in sub-paragraph (4) in relation to a member—

(a)the Lord President in the case of a judicial member, or

(b)the Scottish Ministers in the case of a legal or lay member,

may direct that the member is to continue to hold office for such period, not exceeding 6 months, as the Lord President or the Scottish Ministers, as the case may be, may direct.

(6)Such a direction may be given in relation to a member before or after the occurrence of an event mentioned in sub-paragraph (4).

(7)A person whose appointment as a member ceases by virtue of sub-paragraph (4) or (5) may nonetheless continue to act as a member so far as that is necessary for the purposes of concluding consideration of a judicial appointment which the Board is in the course of considering at the time the person’s appointment ceases.

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