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Scotland Act 1998

Exceptions

The subject-matter of the following enactments is excepted from the reservation:

(a)

Part I of the Sheriff Courts and Legal Officers (Scotland) Act 1927.  This deals with the appointment of sheriff clerks, procurators fiscal and their deputies; and

(b)

Part III of the Administration of Justice (Scotland) Act 1933.  This deals with the appointment and terms and conditions of service of officers of the High Court of Justiciary and the Court of Session, including the Principal Clerk of Justiciary, the Accountant of Court and Auditor of the Court of Session, staff in the Justiciary Office and the Court of Session, and Macers.

The officers concerned are already civil servants and by virtue of the Act continue to be members of the Home Civil Service.  However, there are certain specialities of appointment and terms and conditions of service of such court staff which distinguish them from other civil servants and which are peculiarly Scottish, making it appropriate that legislative competence over these aspects should be not be reserved.  See also the amendments to the 1927 and 1933 Acts in paragraphs 3 and 4 of Schedule 8.

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