Part 2The judiciary

Chapter 4Judicial conduct

Suspension

34Suspension

1

If the Lord President considers that it is necessary for the purpose of maintaining public confidence in the judiciary, the Lord President may suspend a judicial office holder—

a

from acting as a judge as mentioned in paragraph (b) or (c) of the definition of “judicial office holder” in subsection (1) of section 43, or

b

from any of the judicial offices mentioned in subsection (2) of that section.

2

Such a suspension lasts for such period as the Lord President may specify when suspending the judicial office holder.

3

Nothing in subsection (1) affects any remuneration payable to, or in respect of, the judicial office holder.

4

The Lord President’s functions under this section may be carried out—

a

where the Lord President is unavailable, by the Lord Justice Clerk,

b

where both the Lord President and the Lord Justice Clerk are unavailable, by the senior judge of the Inner House.

5

In subsection (4)(b) the reference to the senior judge of the Inner House is to be construed by reference to seniority of appointment to a Division of the Inner House.