PART 1SHERIFF COURTS

CHAPTER 2JUDICIARY OF THE SHERIFFDOMS

Fitness for office

I121Tribunal to consider fitness for office

1

The First Minister must, if requested to do so by the Lord President of the Court of Session, constitute a tribunal to investigate and report on whether an individual holding a judicial office mentioned in subsection (3) is unfit to hold the office by reason of inability, neglect of duty or misbehaviour.

2

Subject to subsection (1), the First Minister may, in such circumstances as the First Minister thinks fit and after consulting the Lord President, constitute such a tribunal.

3

The judicial offices are—

a

sheriff principal,

b

sheriff,

c

summary sheriff,

d

part-time sheriff, and

e

part-time summary sheriff.

4

A tribunal constituted under this section is to consist of—

a

one individual who is a qualifying member of the Judicial Committee of the Privy Council,

b

one individual who holds the relevant judicial office,

c

one individual who is, and has been for at least 10 years—

i

an advocate, or

ii

a solicitor, and

d

one individual who—

i

is not and never has been a qualifying member of the Judicial Committee of the Privy Council,

ii

does not hold and never has held a judicial office mentioned in subsection (3), and

iii

is not and never has been an advocate or solicitor.

5

In subsection (4)—

  • “a qualifying member of the Judicial Committee of the Privy Council” means someone who is a member of that Committee by virtue of section 1(2)(a) of the Judicial Committee Act 1833 (that is, someone who holds or has held high judicial office),

  • “the relevant judicial office” means—

    1. a

      in respect of an investigation into whether an individual is fit to hold the office of sheriff principal, that office,

    2. b

      in respect of an investigation into whether an individual is fit to hold the office of sheriff or part-time sheriff, the office of sheriff,

    3. c

      in respect of an investigation into whether an individual is fit to hold the office of summary sheriff or part-time summary sheriff, the office of summary sheriff.

6

It is for the First Minister, with the agreement of the Lord President, to select persons to be members of a tribunal constituted under this section.

7

The person who is an individual mentioned in subsection (4)(a) is to chair the tribunal and has a casting vote.