SCHEDULE 8Conduct and fitness etc.

PART 2Fitness and removal

Composition and remuneration

15

(1)

A fitness assessment tribunal is to consist of—

(a)

one person who is, or has been—

(i)

a judge of the Court of Session (except a temporary judge), or

(ii)

a sheriff (except a part-time sheriff),

(b)

one person who is—

(i)

where the member under investigation is an ordinary member, another ordinary member, or

(ii)

where the member under investigation is a legal member, another legal member, and

(c)

one person who does not fall (and has never fallen) within a category of person who may be a member of the tribunal by virtue of sub-paragraph (a) or (b).

(2)

The selection of persons to be members of the tribunal is to be made by the First Minister with the agreement of the Lord President.