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The Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999

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Administration of Justice (Scotland) Act 1933 (c. 41)

15.  (1)  The Administration of Justice (Scotland) Act 1933 is amended as follows.

(2) In section 23(1) (appointment of clerks in the Court of Justiciary), for “Secretary of State” there is substituted “Scottish Ministers”.

(3) In section 24 (appointment of officers of the Court of Session)(1)–

(a)in subsection (1)–

(i)for “Secretary of State” there is substituted “Scottish Ministers”;

(ii)for “he” there is substituted “they”; and

(iii)“, with the sanction of the Treasury as to numbers,” is omitted; and

(b)in subsection (7)–

(i)for “Secretary of State” in each place where it appears there is substituted “Scottish Ministers”; and

(ii)for “him” there is substituted “them”.

(4) In section 25 (appointment of Principal Clerk of Justiciary, &c.)(2), for “Secretary of State” there is substituted “Scottish Ministers”.

(5) In section 26 (age limit for officers of High Court of Justiciary and Court of Session)–

(a)for “Secretary of State” in each place where it appears there is substituted “Scottish Ministers”;

(b)for “any office” there is substituted “the office of Auditor of the Court of Session”;

(c)for “considers” there is substituted “consider”;

(d)for “he” in the second and third place where it appears there is substituted “they”; and

(e)“, with the approval of the Treasury,” is omitted.

(6) In section 27 (remuneration of officers of High Court of Justiciary and Court of Session)(3)–

(a)in subsection (1)–

(i)for “Secretary of State” in each place where it appears there is substituted “Scottish Ministers”; and

(ii)for the words after “President” there is substituted “, from time to time determine”; and

(b)in subsection (2), for “Treasury” there is substituted “Scottish Ministers”.

(7) In section 28 (regulations for admission of officers of High Court of Justiciary and Court of Session)(4)–

(a)for “Secretary of State” where it first appears there is substituted “Scottish Ministers”;

(b)“and with the concurrence of the Treasury and the Civil Service Commissioners” is omitted; and

(c)for the words after “admitted to” there is substituted “the office of Auditor of the Court of Session”.

(1)

Section 24 was amended by the Scotland Act 1998 (c. 46), Schedule 9.

(2)

Section 25 was amended by the Public Records (Scotland) Act 1937 (c. 43), Schedule 2 and by the Scotland Act 1998 (c. 46), Schedule 9.

(3)

Section 27(1) was amended by the Statute Law (Repeals) Act 1981 (c. 19), Schedule 1, Part I.

(4)

Section 28 was amended by the Superannuation Act 1972 (c. 11), Schedule 6, paragraph 12.

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