Judiciary and Courts (Scotland) Act 2008

Term of office

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.