The Scotland Act 1998 (Transitory and Transitional Provisions) (Removal of Judges) Order 1999

Explanatory Note

(This note is not part of the Order)

This Order makes transitional provision for the matters referred to in subsections (8) and (9) of section 95 of the Scotland Act 1998 (“the Act”), pending the coming into force of an Act of the Scottish Parliament dealing with those matters.

The Order requires or enables the First Minister in specified circumstances to constitute a tribunal to investigate and report on whether a judge of the Court of Session or the Chairman of the Scottish Land Court is unfit for office by reason of inability, neglect of duty or misbehaviour. If the report of the tribunal is to the effect that the person is unfit for office, section 95 of the Act empowers the First Minister to make a motion to the Scottish Parliament seeking a resolution that he should recommend to Her Majesty that that person be removed from office. The Order makes provision relative to the membership of the tribunal, laying its report before the Parliament, interim suspension from office, and payments to the tribunal members and of the tribunal’s costs.