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(1)The First Minister—
(a)must, when requested to do so by the Lord President of the Court of Session, and
(b)may, in such other circumstances as the First Minister thinks fit,
constitute a tribunal to investigate and report on whether a person holding a shrieval office to which this section applies is unfit to hold the office by reason of inability, neglect of duty or misbehaviour.
(2)The shrieval offices to which this section applies are—
(a)the office of sheriff principal,
(b)the office of sheriff, and
(c)the office of part-time sheriff.
(3)The First Minister may constitute a tribunal under subsection (1)(b) above only if the Lord President has been consulted.
(4)A tribunal constituted under this section is to consist of—
(a)one individual who is a qualifying member of the Judicial Committee of the Privy Council,
(b)one individual who holds the relevant shrieval office,
(c)one individual who is, and has been for at least 10 years, an advocate or a solicitor, and
(d)one individual who is not (and never has been) a qualifying member of the Judicial Committee of the Privy Council, who does not hold (and never has held) a shrieval office to which this section applies and who is not (and never has been) an advocate or solicitor.
(5)A qualifying member of the Judicial Committee of the Privy Council is someone who is a member of that Committee by virtue of section 1(2)(a) of the Judicial Committee Act 1833 (c. 41) (that is, someone who is a member of the Privy Council who holds, or has held, high judicial office).
(6)The relevant shrieval office is—
(a)where the investigation is to be of a person's fitness to hold the office of sheriff principal, that office,
(b)where the investigation is to be of a person's fitness to hold the office of sheriff or part-time sheriff, the office of sheriff.
(7)The selection of persons to be members of a tribunal under this section is to be made by the First Minister, with the agreement of the Lord President of the Court of Session.
(8)The person mentioned in subsection (4)(a) is to chair the tribunal and has a casting vote.]
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