Part 7Sexual Offences Court
Chapter 3Administration
Clerks
88Clerk and Deputy Clerks: further provisions
(1)
A person may be appointed as Clerk of the Sexual Offences Court under section 86(1), or Deputy Clerk of the Sexual Offences Court under section 87(1), only if they have completed (whether before this section comes into force or otherwise) an approved course of training on trauma-informed practice in sexual offence cases.
(2)
The Clerk and Deputy Clerks of the Sexual Offences Court are also members of staff of the Scottish Courts and Tribunals Service.
(3)
Accordingly, a reference in any enactment to the staff of the Scottish Courts and Tribunals Service includes, except where the context requires otherwise, a reference to the Clerk and Deputy Clerks of the Sexual Offences Court.
(4)
The Clerk of the Sexual Offences Court may, with the consent of the Scottish Courts and Tribunals Service, delegate the carrying out of any of the Clerk's functions to—
(a)
a Deputy Clerk of the Sexual Offences Court, or
(b)
any other member of staff of the Scottish Courts and Tribunals Service.
(5)
Subsection (6) applies in relation to any period during which—
(a)
the office of Clerk of the Sexual Offences Court is vacant, or
(b)
the holder of that office is for any reason unable to carry out the functions of the office.
(6)
The Scottish Courts and Tribunals Service may make arrangements for the functions of the Clerk of the Sexual Offences Court to be carried out during the period referred to in subsection (5) by—
(a)
a Deputy Clerk of the Sexual Offences Court, or
(b)
any other member of staff of the Scottish Courts and Tribunals Service.
(7)
The Scottish Courts and Tribunals Service may give such instructions to the Clerk of the Sexual Offences Court, or a person carrying out the Clerk's functions under subsection (6), as it considers necessary for the purposes of this Act, and the Clerk or, as the case may be, such person must comply with any such instructions.
(8)
In this section, “approved course of training” means a training course which is approved by the Lord Justice General for the purpose of appointment to the office of Clerk or Deputy Clerk of the Sexual Offences Court.