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Judiciary and Courts (Scotland) Act 2008

Section 21 – Eligibility of solicitors for appointment as judges

60.At present those who are eligible for appointment as a judge of the Court of Session are: in terms of article xix of the Union with England Act 1707 advocates of 5 years standing and Writers to the Signet of 10 years standing who have passed the civil law exam two years before appointment; and by paragraph 1 of schedule 4 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40) (“the 1990 Act”) sheriffs principal and sheriffs who have served 5 years and solicitors with rights of audience in both the Court of Session and High Court of Justiciary for 5 years.

61.This section amends schedule 4 of the 1990 Act to further extend eligibility to include solicitors with rights of audience for 5 years in either the Court of Session or the High Court of Justiciary. Recommendation for appointment to judicial office is the function of the Judicial Appointments Board for Scotland.

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