- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)The Scottish Ministers may, with the consent of the Lord President, appoint a person (to be known as the “Judicial Complaints Reviewer”) for the purpose of carrying out the functions mentioned in subsection (2).
(2)Those functions are—
(a)on the request of the complainant or the judicial office holder to whom an investigation carried out in pursuance of section 2(2)(e)(i) relates, to review the handling of the investigation to determine whether the investigation has been carried out in accordance with rules under section 28(1),
(b)in any case where the Reviewer considers that such an investigation has not been carried out in accordance with those rules, to refer the case to the Lord President,
(c)as directed by the Scottish Ministers, to prepare and publish reports on investigations carried out in pursuance of section 2(2)(e)(i), and
(d)to make written representations to the Lord President about procedures for handling the investigation of matters concerning the conduct of judicial office holders.
(3)For the purposes of subsection (2)(a) “the complainant”, in relation to an investigation, means the person whose complaint led to the carrying out of the investigation.
(4)The Lord President must have regard to any written representations made under subsection (2)(d).
(5)A person is disqualified from appointment, and from holding office, as the Judicial Complaints Reviewer if the person is or becomes—
(a)a member of the House of Commons,
(b)a member of the Scottish Parliament,
(c)a member of the European Parliament,
(d)a Minister of the Crown,
(e)a member of the Scottish Executive,
(f)a civil servant,
(g)a person who is, or has been, a judicial office holder, or
(h)a solicitor, advocate or barrister (in any case whether practising or not).
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.
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
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: