Bankruptcy and Diligence etc. (Scotland) Act 2007

57 Judicial officers

(1) There is established an office to be known as judicial officer and any person who holds a commission as officer has the functions conferred by virtue of this Act and any other enactment.

(2) A person may be granted a commission as a judicial officer by the Lord President of the Court of Session but only on the recommendation of the Commission under section 58(1) of this Act.

(3) Where the Lord President grants a person a commission as a judicial officer, the Commission must intimate that decision to—

(a) the person who applied for the commission; and

(b) the professional association.

(4) A judicial officer who holds a commission granted under subsection (2) above may carry out that officer’s functions in the whole of Scotland.

(5) Subject to section 60(2) of this Act, any person who wishes to be a judicial officer must apply to the Commission.

(6) A judicial officer may be deprived of office by the Lord President but only where—

(a) the disciplinary committee of the Commission (in this Part, the “disciplinary committee”) recommends under section 72(5)(a)(ii) or (6)(b) of this Act that the officer be deprived of office;

(b) any time limit within which the officer may appeal under section 74 of this Act has expired; and

(c) no such appeal has been made.

(7) Where the Lord President deprives a judicial officer of office, the Commission must intimate that decision to—

(a) the judicial officer;

(b) the Court of Session;

(c) every sheriff principal; and

(d) the professional association.