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Judiciary and Courts (Scotland) Act 2008

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This is the original version (as it was originally enacted).

35Tribunal to consider fitness for judicial office
This section has no associated Explanatory Notes

(1)The First Minister—

(a)must, when requested to do so by the Lord President, and

(b)may, in such other circumstances as the First Minister thinks fit,

constitute a tribunal to investigate and report on whether a person holding a judicial office to which this section applies is unfit to hold the office by reason of inability, neglect of duty or misbehaviour.

(2)The judicial offices to which this section applies are—

(a)the office of Lord President,

(b)the office of Lord Justice Clerk,

(c)the office of judge of the Court of Session,

(d)the office of Chairman of the Scottish Land Court, and

(e)the office of temporary judge.

(3)Before constituting a tribunal under subsection (1)(b) the First Minister must consult—

(a)where the tribunal is to be constituted for the purpose of considering the Lord President’s fitness for office, the Lord Justice Clerk,

(b)where the tribunal is to be constituted for any other purpose, the Lord President.

(4)A tribunal constituted under this section is to consist of—

(a)two individuals who hold, or have held, high judicial office (“judicial members”),

(b)one individual who is, and has been for at least 10 years, an advocate or solicitor, and

(c)one individual who does not hold (and has never held) high judicial office and is not (and never has been) an advocate or solicitor.

(5)“High judicial office” has the meaning given by section 60 of the Constitutional Reform Act 2005 (c. 4).

(6)At least one of the judicial members must be a member of the Judicial Committee of the Privy Council.

(7)At least one of the judicial members must hold, or have held, office as a judge of the Court of Session.

(8)The selection of persons to be members of a tribunal under this section is to be made by the First Minister with the agreement of—

(a)where the tribunal is to be constituted for the purpose of considering the Lord President’s fitness for office, the Lord Justice Clerk,

(b)where the tribunal is to be constituted for any other purpose, the Lord President.

(9)If only one of the judicial members is a member of the Judicial Committee of the Privy Council, that person is to chair the tribunal.

(10)If both of the judicial members are members of the Judicial Committee of the Privy Council, the First Minister must appoint one of them to chair the tribunal.

(11)The member who chairs the tribunal has a casting vote.

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