Part 3Enforcement
Judicial officers
57Judicial officers
1
There is established an office to be known as judicial officer and any person who holds a commission as officer has the functions conferred by virtue of this Act and any other enactment.
2
A person may be granted a commission as a judicial officer by the Lord President of the Court of Session but only on the recommendation of the Commission under section 58(1) of this Act.
3
Where the Lord President grants a person a commission as a judicial officer, the Commission must intimate that decision to—
a
the person who applied for the commission; and
b
the professional association.
4
A judicial officer who holds a commission granted under subsection (2) above may carry out that officer’s functions in the whole of Scotland.
5
Subject to section 60(2) of this Act, any person who wishes to be a judicial officer must apply to the Commission.
6
A judicial officer may be deprived of office by the Lord President but only where—
a
the disciplinary committee of the Commission (in this Part, the “disciplinary committee”) recommends under section 72(5)(a)(ii) or (6)(b) of this Act that the officer be deprived of office;
b
any time limit within which the officer may appeal under section 74 of this Act has expired; and
c
no such appeal has been made.
7
Where the Lord President deprives a judicial officer of office, the Commission must intimate that decision to—
a
the judicial officer;
b
the Court of Session;
c
every sheriff principal; and
d
the professional association.