Part 3

Enforcement

Miscellaneous

Judicial officer’s actions void where officer has interest
75
1
Anything done by a judicial officer in exercising or purporting to exercise a prescribed function in relation to a matter in which the officer has an interest is void.
2
A judicial officer has an interest in a matter where the matter—
a
is one in which the officer has an interest as an individual; or
b
consists of or includes a debt in relation to which any of the circumstances mentioned in subsection (3) below apply.
3
The circumstances referred to in subsection (2)(b) above are that the debt is due to or by—
a
a business associate of the judicial officer;
b
a member of the officer’s family; or
c
a company or firm, and the officer, a business associate of the officer or a member of the officer’s family—
i
is a director or partner of that company or firm;
ii
holds, either alone or along with an other person, a controlling interest in that company or firm; or
iii
has a pecuniary interest in that company or firm and the sole or main business of the company or firm is the purchase of debts for enforcement.
4
Any reference in subsection (3) above to—
a
a business associate of a judicial officer is to be construed as a reference to a co-director, partner, employer, employee, agent or principal of the officer;
b
a controlling interest in a company is to be construed as a reference to an interest giving a person control of a company within the meaning of section 840 of the Income and Corporation Taxes Act 1988 (c. 1) (meaning of “control”).
5
Any reference in subsection (3) above to a member of a judicial officer’s family is to be construed as a reference to—
a
the spouse of the officer;
b
a person living together with the officer as husband and wife;
c
a civil partner of the officer;
d
a person living with the officer in a relationship which has the characteristics of the relationship between a husband and wife except that the person and the officer are of the same sex;
e
a parent of the officer;
f
a brother or sister of the officer;
g
a child of the officer, including—
i
a stepchild; and
ii
any child brought up or treated by the officer or any person mentioned in paragraph (b), (c) or (d) above as a child of the officer or, as the case may be, of that person;
h
a grandchild of the officer,
and any relationships of the half blood or by affinity are to be construed as relationships of the full blood.
6
In subsection (4)(a) above, “principal” does not include a principal in a contract for the carrying out by the judicial officer of the prescribed function in relation to the debt concerned.
7
In subsections (1) and (6) above, “prescribed function” means any function conferred on a judicial officer by virtue of this Act or any other enactment which the Scottish Ministers by regulations specify for the purposes of this section.