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(1)The Scottish Ministers, by regulations—
(a)must designate an association as the professional association for judicial officers; and
(b)may make provision in relation to the functions, constitution and procedures of the professional association.
(2)The Scottish Ministers may not make regulations under subsection (1) above without first consulting—
(a)the Commission;
(b)representatives of the professional association or, as the case may be, proposed professional association; and
(c)such other bodies or persons who appear to the Scottish Ministers to have an interest.
(3)A person may not hold a commission as a judicial officer unless that person is a member of the professional association.
Where the professional association receives a complaint about a judicial officer or any services provided by the officer, the association must send details of the complaint and any material which accompanies it to the Commission.
The Commission may require the professional association to provide any information the Commission considers necessary or proper for the purposes of—
(a)any inspection under section 66 of this Act;
(b)any investigation under section 67 of this Act; or
(c)the consideration by the disciplinary committee of any matter under section 71 of this Act.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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