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Judiciary and Courts (Scotland) Act 2008

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This is the original version (as it was originally enacted).

11Recommendations of the Board
This section has no associated Explanatory Notes

(1)The relevant Minister may—

(a)appoint an individual to a judicial office within the Board’s remit, or

(b)nominate or recommend an individual for appointment to such an office,

only if the Board has recommended the individual for appointment to the office.

(2)Subsection (3) applies where—

(a)the Board has recommended an individual for appointment, and

(b)the relevant Minister has decided not to accept the recommendation.

(3)The relevant Minister must give the Board notice of the decision.

(4)The notice must include the reasons for the decision.

(5)On receipt of the notice, the Board must—

(a)reconsider its recommendation, and

(b)make a further recommendation (whether of the same or a different individual).

(6)In this section references to the relevant Minister are—

(a)where the First Minister has the function of making appointments to the judicial office concerned, or nominating or recommending individuals for appointment to the office, references to the First Minister,

(b)where the Scottish Ministers have that function, references to the Scottish Ministers.

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