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Courts Reform (Scotland) Act 2014

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This is the original version (as it was originally enacted).

Qualification and disqualification

14Qualification for appointment

(1)An individual is qualified for appointment to a judicial office mentioned in subsection (2) if the individual—

(a)immediately before the appointment, held any other judicial office specified in that subsection, or

(b)at the time of appointment—

(i)is legally qualified, and

(ii)has been so qualified throughout the period of 10 years immediately preceding the appointment.

(2)The judicial offices are—

(a)sheriff principal,

(b)sheriff,

(c)summary sheriff,

(d)part-time sheriff,

(e)part-time summary sheriff.

(3)For the purposes of subsection (1), an individual is legally qualified if the individual is a solicitor or an advocate.

15Disqualification from practice, etc.

(1)An individual holding a judicial office mentioned in subsection (2) must not, for so long as the individual holds the office—

(a)engage, whether directly or indirectly, in practice as a solicitor or advocate or in any other business,

(b)be in partnership with, or employed by, a person so engaged, or

(c)act as agent for a person so engaged.

(2)The judicial offices are—

(a)sheriff principal,

(b)sheriff,

(c)summary sheriff.

(3)A part-time sheriff, or a part-time summary sheriff, who is a solicitor in practice must not carry out any function as a part-time sheriff or, as the case may be, a part-time summary sheriff in a sheriff court district in which his or her place of business as such solicitor is situated.

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