Statutory Instrument 1999 No. 1017

The Scotland Act 1998 (Transitory and Transitional Provisions) (Removal of Judges) Order 1999

---

© Crown Copyright 1999

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Scotland Act 1998 (Transitory and Transitional Provisions) (Removal of Judges) Order 1999 , ISBN 0 11 059028 7. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

"the Act" means the Scotland Act 1998;

"advocate" means a member of the Faculty of Advocates; and

"foreign lawyer" and "solicitor" have the same meanings as in section 65(1) of the Solicitors (Scotland) Act 1980[3].

Period of application
     2. This Order shall apply until whichever is the earlier of-

(a) the date of its revocation;

(b) the date of the coming into force of any provision made by or under an Act of the Scottish Parliament for the matters referred to in subsections (8) and (9) of section 95 of the Act.

Constitution of tribunal
     3. The First Minister shall-

(a) when requested by the Lord President of the Court of Session to do so; or

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

constitute a tribunal to investigate and report on whether a judge of the Court of Session or the Chairman of the Scottish Land Court is unfit for office by reason of inability, neglect of duty or misbehaviour.

Membership of tribunal
     4.  - (1) A tribunal constituted under article 3 shall consist of three persons appointed as members by the First Minister.

    (2) One member shall be appointed to chair the tribunal and that person shall be a member of the Judicial Committee of the Privy Council who holds or has held any of the offices referred to in section 103(2) of the Act.

    (3) The second member of the tribunal shall be a person who-

(a) is, and has been for at least ten years, legally qualified; or

(b) was but is no longer legally qualified, provided that when he was last an advocate or a solicitor he had been legally qualified for at least ten years.

    (4) For the purposes of paragraph (3), a person shall be legally qualified if he is an advocate or a solicitor.

    (5) The third member of the tribunal shall be a person who is not, and never has been-

(a) an advocate;

(b) a solicitor; or

(c) a foreign lawyer.

Report by tribunal
     5. A tribunal constituted under article 3 shall make a written report to the First Minister and he shall lay this before the Parliament.

Suspension from office
     6.  - (1) A tribunal constituted under article 3 may, on undertaking an investigation or at any time during the course of an investigation, recommend in writing to the First Minister that the person who is the subject of the investigation be suspended from office.

    (2) On receiving a recommendation under paragraph (1), the First Minister may suspend from office the person to whom the recommendation relates.

    (3) A person suspended under paragraph (2)-

(a) shall remain so suspended until the First Minister otherwise directs;

(b) shall continue to receive his salary during the period of his suspension.

Payments to tribunal members
     7. The Scottish Ministers-

(a) may pay to any person appointed as a member of a tribunal constituted under article 3 such sums by way of remuneration and expenses as appear to them appropriate;

(b) shall pay such sums as may be required to enable such a tribunal to carry out its functions.

Henry McLeish
Minister of State, Scottish Office

St Andrew's House, Edinburgh
24th March 1999

[2] The principal appointed day is 1st July 1999 by virtue of article 3 of the Scotland Act 1998 (Commencement) Order 1998 (S.I. 1998/3178).back

[3] 1980 c.46; the definition of "foreign lawyer" was inserted in section 65(1) by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40), Schedule 8, Part II, paragraph 29(15)(a).back