Search Legislation

Judiciary and Courts (Scotland) Act 2008

Status:

This is the original version (as it was originally enacted).

SCHEDULE 2Panels established under section 19(2)

(introduced by section 19(2))

This schedule has no associated Explanatory Notes

Constitution of panel

1(1)A panel established under section 19(2) in connection with a vacancy, or an expected vacancy, in the office of Lord President is to comprise—

(a)the Chairing Member of the Judicial Appointments Board for Scotland (“the Board”),

(b)one of the other lay members of the Board nominated by the Chairing Member, and

(c)two qualifying judges (on which see paragraph 3) nominated by the First Minister.

(2)A panel established under section 19(2) in connection with a vacancy, or an expected vacancy, in the office of Lord Justice Clerk is to comprise—

(a)the Chairing Member of the Board,

(b)one of the other lay members of the Board nominated by the Chairing Member,

(c)the Lord President, and

(d)one qualifying judge nominated by the First Minister.

(3)This paragraph is subject to paragraph 2.

Vacancies etc.

2(1)If the Chairing Member of the Board is unable for good reason to participate in a panel, that Member’s place on the panel is to be taken by a lay member of the Board nominated by the Chairing Member.

(2)If the office of the Chairing Member is vacant, or if that Member is unable for any reason to make a nomination for the purposes of sub-paragraph (1), that Member’s place on the panel is to be taken by another lay member of the Board nominated by the Board.

(3)If the Lord President is unable for good reason to participate in a panel, the Lord President’s place is to be taken by a qualifying judge nominated by the Lord President.

(4)During any period when section 4 applies, or if the Lord President is unable for any reason to make a nomination for the purposes of sub-paragraph (3), the Lord President’s place on the panel is to be taken by a qualifying judge nominated by the First Minister.

Qualifying judges

3(1)The qualifying judges are—

(a)those judges of the Supreme Court of the United Kingdom who have held office as judges of the Court of Session, and

(b)the judges of the Court of Session (other than the Lord President).

(2)The Lord Justice Clerk is not a qualifying judge in relation to a panel to be established in connection with an expected vacancy in that office.

(3)A judge is a qualifying judge in relation to a panel only if the judge has given to the First Minister notice that the judge is not willing to be appointed to the vacancy in connection with which the panel is to be established.

Fees and expenses

4(1)Each member of a panel is entitled to such fees and expenses, if any, as the Scottish Ministers may determine.

(2)It is for the Scottish Ministers to pay those fees and expenses.

(3)The Scottish Ministers may determine different fees and expenses for different members.

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

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

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 Executive department responsible for the subject matter of the Act 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

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