Part 2The judiciary

Chapter 3Judicial appointments

Judicial Appointments Board for Scotland

11Recommendations of the Board

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.