Judiciary and Courts (Scotland) Act 2008

[F1 20B Temporary judges S

(1) The Scottish Ministers may appoint an individual to act as a judge of the Court of Session; and an individual so appointed is to be known as a “temporary judge”.

(2) An individual appointed under subsection (1) may also, by virtue of the appointment, act as a judge of the High Court of Justiciary.

(3) The Scottish Ministers may appoint an individual under subsection (1) only if—

(a) the individual is qualified for appointment as a judge of the Court of Session, and

(b) the Scottish Ministers have consulted the Lord President before making the appointment.

(4) Subject to section 20C, an appointment as a temporary judge lasts for 5 years.

(5) Subject to subsection (6), an individual appointed under subsection (1) is, while acting as a judge of the Court of Session or the High Court of Justiciary, to be treated for all purposes as a judge of that Court and may exercise the jurisdiction and powers that attach to that office.

(6) Such an individual is not to be treated as a judge of the Court of Session for the purposes of any enactment or rule of law relating to—

(a) the appointment, tenure of office, retirement, removal or disqualification of judges of that Court (including, without limiting that generality, any enactment or rule of law relating to the number of judges who may be appointed),

(b) the remuneration, allowances or pensions of such a judge.

(7) The appointment of an individual under subsection (1) does not affect—

(a) any appointment of the individual as a sheriff principal or sheriff, or

(b) the individual's continuing with any business or professional occupation not inconsistent with the individual acting as a judge.]

Textual Amendments

F1 Ss. 20A-20G and preceding cross-heading substituted for ss. 21-23 (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), ss. 123, 138(2); S.S.I. 2015/77, art. 2(2)(3), Sch.