Search Legislation

Courts Reform (Scotland) Act 2014

Status:

This is the original version (as it was originally enacted).

Fitness for office

21Tribunal to consider fitness for office

(1)The First Minister must, if requested to do so by the Lord President of the Court of Session, constitute a tribunal to investigate and report on whether an individual holding a judicial office mentioned in subsection (3) is unfit to hold the office by reason of inability, neglect of duty or misbehaviour.

(2)Subject to subsection (1), the First Minister may, in such circumstances as the First Minister thinks fit and after consulting the Lord President, constitute such a tribunal.

(3)The judicial offices are—

(a)sheriff principal,

(b)sheriff,

(c)summary sheriff,

(d)part-time sheriff, and

(e)part-time summary sheriff.

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

(a)one individual who is a qualifying member of the Judicial Committee of the Privy Council,

(b)one individual who holds the relevant judicial office,

(c)one individual who is, and has been for at least 10 years—

(i)an advocate, or

(ii)a solicitor, and

(d)one individual who—

(i)is not and never has been a qualifying member of the Judicial Committee of the Privy Council,

(ii)does not hold and never has held a judicial office mentioned in subsection (3), and

(iii)is not and never has been an advocate or solicitor.

(5)In subsection (4)—

  • “a qualifying member of the Judicial Committee of the Privy Council” means someone who is a member of that Committee by virtue of section 1(2)(a) of the Judicial Committee Act 1833 (that is, someone who holds or has held high judicial office),

  • “the relevant judicial office” means—

    (a)

    in respect of an investigation into whether an individual is fit to hold the office of sheriff principal, that office,

    (b)

    in respect of an investigation into whether an individual is fit to hold the office of sheriff or part-time sheriff, the office of sheriff,

    (c)

    in respect of an investigation into whether an individual is fit to hold the office of summary sheriff or part-time summary sheriff, the office of summary sheriff.

(6)It is for the First Minister, with the agreement of the Lord President, to select persons to be members of a tribunal constituted under this section.

(7)The person who is an individual mentioned in subsection (4)(a) is to chair the tribunal and has a casting vote.

22Tribunal investigations: suspension from office

(1)Subsection (2) applies where the Lord President of the Court of Session has requested that the First Minister constitute a tribunal under section 21.

(2)The Lord President may, at any time before the tribunal reports to the First Minister, suspend from office the individual who is, or is to be, the subject of the tribunal’s investigation.

(3)Such a suspension lasts until the Lord President orders otherwise.

(4)A tribunal constituted under section 21 may, at any time before the tribunal reports to the First Minister, recommend in writing to the First Minister that the individual who is the subject of the tribunal’s investigation be suspended from office.

(5)On receiving such a recommendation, the First Minister may suspend the individual from office.

(6)Such a suspension lasts until the First Minister orders otherwise.

(7)Suspension of an individual from the office of sheriff principal, sheriff or summary sheriff under this section does not affect any remuneration payable to, or in respect of, the individual in respect of the period of suspension.

23Further provision about tribunals

(1)A tribunal constituted under section 21 may require any person—

(a)to attend its proceedings for the purpose of giving evidence,

(b)to produce documents in the person’s custody or under the person’s control.

(2)A person on whom such a requirement is imposed is not obliged—

(a)to answer any question which the person would be entitled to refuse to answer in a court in Scotland,

(b)to produce any document which the person would be entitled to refuse to produce in such a court.

(3)Subsection (4) applies where a person on whom a requirement has been imposed under subsection (1)—

(a)refuses or fails, without reasonable excuse, to comply with the requirement,

(b)refuses or fails, without reasonable excuse, to answer any question while attending the tribunal proceedings to give evidence,

(c)deliberately alters, conceals or destroys any document that the person is required to produce.

(4)The Court of Session may, on an application made to it by the tribunal—

(a)make such order for enforcing compliance as it sees fit, or

(b)deal with the matter as if it were a contempt of the Court.

(5)The Court of Session may by act of sederunt make provision as to the procedure to be followed by and before a tribunal constituted under section 21.

(6)The Scottish Ministers—

(a)must pay such expenses as they consider are reasonably required to be incurred to enable a tribunal constituted under section 21 to carry out its functions, and

(b)may pay such remuneration to, and such expenses of, the members of such a tribunal as they think fit.

24Tribunal report

(1)The report of a tribunal constituted under section 21 must—

(a)be in writing,

(b)contain reasons for its conclusion, and

(c)be submitted to the First Minister.

(2)The First Minister must lay the report before the Scottish Parliament.

25Removal from office

(1)The First Minister may remove an individual from the office of sheriff principal, sheriff, part-time sheriff, summary sheriff or part-time summary sheriff—

(a)if a tribunal constituted under section 21 reports to the First Minister that the individual is unfit to hold that office by reason of inability, neglect of duty or misbehaviour, and

(b)only after the First Minister has laid the report before the Scottish Parliament under section 24(2).

(2)The First Minister may remove a sheriff principal, sheriff or summary sheriff under subsection (1) only by order.

(3)Such an order is subject to the negative procedure.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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