Part 2The judiciary

Chapter 4Judicial conduct

Judicial Complaints Reviewer

I131Judicial Complaints Reviewer: tenure etc.

1

The Scottish Ministers are to determine with the consent of the Lord President—

a

the period for which a person is appointed as the Judicial Complaints Reviewer, and

b

subject to subsection (2), the other terms and conditions on which a person is so appointed.

2

The Scottish Ministers may pay to the Judicial Complaints Reviewer such fees and expenses as they may determine.

3

The Judicial Complaints Reviewer may resign office by giving notice in writing to the Scottish Ministers.

4

If—

a

the Scottish Ministers are satisfied that subsection (5) applies, and

b

the Lord President consents,

the Scottish Ministers may, by notice in writing, remove the Judicial Complaints Reviewer from office.

5

This subsection applies if—

a

the Judicial Complaints Reviewer has failed without reasonable excuse to carry out the functions of that office for a continuous period of 6 months,

b

the Reviewer has been convicted of an offence,

c

the Reviewer has become insolvent, or

d

the Reviewer is otherwise unfit to be the Judicial Complaints Reviewer or unable for any reason to carry out the functions of that office.

6

For the purposes of subsection (5)(c), the Reviewer becomes insolvent on—

a

the approval of a voluntary arrangement proposed by the Reviewer,

b

being adjudged bankrupt,

c

the Reviewer's estate's being sequestrated, or

d

the Reviewer's granting a trust deed for creditors.

7

A person who is or has been the Judicial Complaints Reviewer may be reappointed for further periods.

8

A person holding office by virtue of subsection (7) may not hold office for periods (whether or not consecutive) totalling more than 5 years.