Courts Reform (Scotland) Act 2014 (asp 18)

PART 2 S THE SHERIFF APPEAL COURT

CHAPTER 3 S ORGANISATION OF BUSINESS

President and Vice President S

54 President and Vice President of the Sheriff Appeal Court S

(1) The Lord President of the Court of Session is to appoint, in accordance with this section—

(a) one of the sheriffs principal to be the President of the Sheriff Appeal Court, and

(b) another sheriff principal to be the Vice President of the Court.

(2) A sheriff principal holds office as President or Vice President for such period as the Lord President may determine.

(3) The President or Vice President may at any time resign office by giving notice in writing to the Lord President.

(4) The Lord President may at any time remove a sheriff principal from office as President or Vice President.

(5) If a person holding office as President or Vice President is suspended from office as a sheriff principal for any period, the person is also suspended from office as President or, as the case may be, Vice President for the same period.

Commencement Information

I1 S. 54 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), Sch.

55 President and Vice President: incapacity and suspension S

(1) Subsection (2) applies during any period when the President of the Sheriff Appeal Court—

(a) is unable (for any reason) to carry out the functions of the office, or

(b) is suspended from office.

(2) During such a period—

(a) the functions of the President are to be carried out instead by the Vice President, and

(b) anything that falls to be done in relation to the President falls to be done instead in relation to the Vice President.

(3) Subsection (4) applies during any period when—

(a) subsection (2) would, but for subsection (4), apply, and

(b) the Vice President of the Sheriff Appeal Court—

(i) is unable (for any reason) to carry out the functions of the President, or

(ii) is suspended from office.

(4) During such a period, subsection (2) does not apply and, instead—

(a) the functions of the President are to be carried out instead by such sheriff principal (other than the President or Vice President) as the Lord President of the Court of Session may appoint to act in place of the President, and

(b) anything that falls to be done in relation to the President falls to be done instead in relation to that sheriff principal.

Commencement Information

I2 S. 55 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), Sch.