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The Scottish Courts and Tribunals Service (Procedure for Appointment of Members) Regulations 2015

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Selection for appointment

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2.—(1) The members of the Scottish Courts and Tribunals Service(1) listed in paragraph 2(2)(e) and (f) and (3)(a), (b) and (d) of schedule 3 to the 2008 Act shall be selected for appointment by a panel appointed by the Lord President.

(2) The panel shall be made up of three members of the Scottish Courts and Tribunals Service, including one judicial member and one member listed in paragraph 2(3)(d) of schedule 3 to the 2008 Act.

(3) The Lord President shall invite applications to be made to the panel by—

(a)notifying all sheriffs of a vacancy for a member listed in paragraph 2(2)(e) of schedule 3 to the 2008 Act;

(b)notifying all justices of the peace of a vacancy for a member listed in paragraph 2(2)(f) of schedule 3 to the 2008 Act;

(c)notifying the Faculty of Advocates of a vacancy for a member listed in paragraph 2(3)(a) of schedule 3 to the 2008 Act;

(d)notifying the Law Society of Scotland of a vacancy for a member listed in paragraph 2(3)(b) of schedule 3 to the 2008 Act;

(e)advertising the vacancies for the members listed in paragraph 2(3)(a) and (b) of schedule 3 to the 2008 Act in the appropriate professional journal;

(f)publicly advertising the vacancies for the members listed in paragraph 2(3)(d) of schedule 3 to the Act.

(4) An application must be in writing (including email, fax or by other electronic means which is legible and capable of being used for subsequent reference).

(5) The panel shall consider the applications and select persons for interview.

(6) The panel shall select persons suitable for appointment on the basis of an interview.

(7) For the avoidance of doubt the panel may select for appointment more persons than are required to be appointed in each category of membership.

(8) The panel shall notify the Lord President of persons selected for appointment.

(9) Where the panel selects for appointment more persons than are required to be appointed in each category of membership they shall notify the Lord President of their order of preference for appointment.

(1)

The Scottish Courts Service is renamed as the Scottish Courts and Tribunals Service by section 130(1) of the 2014 Act. By virtue of section 130(4) of that Act, any reference in an enactment to the Scottish Court Service is, unless the contrary intention appears, to be construed as a reference to the Scottish Courts and Tribunals Service. The Courts Reform (Scotland) Act 2014 (Commencement No. 1) Order 2015 (S.S.I. 2015/012) commenced section 130 of, and parts of paragraphs 1 and 3 of schedule 4 to, the 2014 Act, for the purpose of enabling the making of regulations under paragraph 3 of schedule 3 to the 2008 Act, and the nomination of a member in accordance with such regulations.

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