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Judiciary and Courts (Scotland) Act 2008

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This is the original version (as it was originally enacted).

Removal of members

This section has no associated Explanatory Notes

8(1)The Lord President may, by notice in writing, remove a judicial member from office if satisfied, after consulting the Chairing Member and the Scottish Ministers, that sub-paragraph (4) applies in relation to the member.

(2)The Scottish Ministers may, by notice in writing, remove a legal or lay member from office if satisfied, after consulting the Chairing Member (unless that is the member concerned) and the Lord President, that sub-paragraph (4) applies in relation to the member.

(3)A member may not be removed from office under sub-paragraph (1) or (2) without the member being afforded an opportunity to be heard by the Lord President or, as the case may be, the Scottish Ministers.

(4)This sub-paragraph applies if the member—

(a)has failed without reasonable excuse to discharge the functions of a member for a continuous period of 6 months,

(b)has been convicted of any offence,

(c)has become insolvent, or

(d)is otherwise unfit to be a member or unable for any reason to discharge the functions of a member.

(5)For the purposes of sub-paragraph (4)(c), a member becomes insolvent on—

(a)the approval of a voluntary arrangement proposed by the member,

(b)being adjudged bankrupt,

(c)the member’s estate’s being sequestrated, or

(d)the member’s granting a trust deed for creditors.

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