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The Scottish Court Service (Procedure for Appointment of Members) Regulations 2009
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- 2009 No. 303
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations set out the procedure for the appointment of members of the Scottish Court Service (“the SCS”). In terms of paragraph 3 of schedule 3 to the Judiciary and Courts (Scotland) Act 2008 it is for the Lord President to appoint the members of the SCS and for the Scottish Ministers, by regulations, to prescribe the procedure for nomination or selection for appointment.
The Lord President, the Lord Justice Clerk and the Chief Executive are members by virtue of their office. Regulation 2 provides that the sheriff, justice of the peace, advocate, solicitor and the three lay members are to be selected for appointment by a panel. Paragraphs (1) and (2) provide for the constitution of the selection panel for the first appointment of these SCS members. Paragraphs (3), (4) and (5) provide for the constitution of subsequent selection panels. Paragraphs (6) to (12) set out procedural requirements.
Paragraphs (2) and (3) of regulation 3 provide that the remaining members of the SCS, namely the judge and sheriff principal members, are to be nominated by themselves or their peers. Paragraph (1) sets out the procedural requirement, namely notification of the vacancies.
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