The Justices of the Peace (Tribunal) (Scotland) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the procedure to be followed by and before a tribunal constituted under section 9A(3) of the District Courts (Scotland) Act 1975. Such a tribunal is constituted to carry out an investigation at the request of the Scottish Ministers in order to ascertain whether a justice is, by reason of inability, neglect of duty or misbehaviour unfit for office or unfit for performing functions of a judicial nature.

Before any investigation by a tribunal commences the Scottish Ministers must give the justice written notice of the investigation and of the reasons why the investigation has been requested (regulation 3). The Scottish Ministers are given the power to pay the members of the tribunal for carrying out their duties (regulation 4).

Subject to the specific provisions made by the Regulations, the tribunal is free to regulate its own procedure (regulation 6). The Regulations make provision for the tribunal to receive oral or written evidence; for the justice to make written or oral representations; for such representations to be made personally by the justice or anyone acting on behalf of the justice and for confidentiality of proceedings before the tribunal (regulation 7). The Regulations also make provision for the procedure to be followed where there is a change in the membership of the tribunal after an investigation has commenced (regulation 5).

The Regulations make provision for the tribunal to suspend the justice from office or from performing functions of a judicial nature during the investigation. The tribunal may direct that a justice so suspended may remain in office as a full justice for the limited purpose of continuing to deal with proceedings commenced before the suspension took effect (regulation 8).

The tribunal must send a draft of its findings on the investigation to the justice and must give the justice the opportunity to make comments on the draft (regulation 9). On completion of the investigation, the tribunal must submit a written report to the Scottish Ministers and send a copy of it to the justice. The report must specify the tribunal’s findings on the investigation and its decision on whether to order removal of the justice from office or that the justice be restricted to having the functions of a signing justice (regulation 10).