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Introductory Text
Part 1 Judicial independence
1.Guarantee of continued judicial independence
Part 2 The judiciary
Chapter 1 Head of the Scottish Judiciary
2.Head of the Scottish Judiciary
3.Delegation of functions
Chapter 2 Senior judiciary: vacancy, incapacity and suspension
4.Lord President
5.Lord Justice Clerk
6.Periods when both sections 4 and 5 apply
7.Supplementary
8.Interpretation of Chapter 2
Chapter 3 Judicial appointments
Judicial Appointments Board for Scotland
9.The Judicial Appointments Board for Scotland
10.Judicial offices within the Board's remit
11.Recommendations of the Board
12.Selection criteria
13.Assessment of legal knowledge, skills and competence
14.Encouragement of diversity
15.Guidance
16.Guidance: procedure
17.Confidentiality of information
18.Annual report
Lord President and Lord Justice Clerk
19.Appointment
20.Selection criteria
Other Court of Session judges
21.Eligibility of solicitors for appointment as judges
22.Temporary judges: tenure
23.Re-employment of retired judges
Sheriffs principal, sheriffs and part-time sheriffs
24.Appointment of temporary sheriffs principal
25.Re-employment of retired sheriffs principal and sheriffs
26.Appointment of part-time sheriffs
27.Sheriffs and part-time sheriffs: official oaths
Chapter 4 Judicial conduct
Judicial conduct
28.Rules about investigations etc.
29.Powers of Lord President
Judicial Complaints Reviewer
30.Judicial Complaints Reviewer
31.Judicial Complaints Reviewer: tenure etc.
32.Guidance
33.Lord President's powers on referral
Suspension
34.Suspension
Chapter 5 Removal from office
Judges
35.Tribunal to consider fitness for judicial office
36.Suspension during investigation
37.Further provision about tribunals
38.Report of tribunal
39.Temporary judges: removal from office
Sheriffs
40.Consideration of fitness for, and removal from, shrieval office
Justices of the peace
41.Provision relating to tribunal considering fitness for office of justices of the peace
Chapter 6 Training and appraisal of justices of the peace
42.Training and appraisal of justices of the peace
Chapter 7 Meaning of “judicial office holder”
43.Meaning of “judicial office holder”
Part 3 The courts
The Court of Session
44.Maximum number of judges
45.Number of judges of the First and Second Divisions of the Inner House
46.Divisions of the Inner House
Sheriff courts
47.Sheriff principal's responsibility
48.Repeal of certain responsibilities of Scottish Ministers
49.Lord President's default power
50.Alteration of boundaries of sheriffdoms
51.Sheriff court districts and places where sheriff courts are to be held
52.Repeal of power to appoint sheriff to assist Scottish Ministers
53.Sheriffs principal and sheriffs acting in other sheriffdoms
54.Residence and leave of absence of sheriffs principal
55.Number, residence and deployment of sheriffs
56.Leave of absence of sheriffs
Justice of the peace courts
57.Establishment, constitution etc.
58.Sheriff principal's responsibility
Court holidays
59.Court holidays in sheriff courts and justice of the peace courts
Part 4 The Scottish Court Service
Establishment
60.The Scottish Court Service
Functions
61.Administrative support for the Scottish courts and judiciary
61A. Administrative support for the Scottish Tribunals and their members etc.
62.Administrative support for other persons
63.Appointment etc. of office holders
64.Payment of remuneration etc. of certain judicial office holders
Provision of advice etc. to the Scottish Ministers
65.Provision of advice etc. to the Scottish Ministers
Plan and report
66.Corporate plan
67.Annual report
Ministerial powers
68.Provision of information
69.Guidance
70.Default power
Part 5 General
71.Orders and regulations
72.Interpretation
73.Consequential amendments and repeals
74.Ancillary provision
75.Transitional provision etc.
76.Commencement and short title
SCHEDULE 1
The Judicial Appointments Board for Scotland
Status of the Board
1.The Board is not a servant of the Crown and...
Membership
2.The Board consists of— (a) judicial members appointed by the...
The judicial and legal members
3.(1) The judicial members comprise— (a) one person holding the...
The lay members
4.(1) The number of lay members is to be equal...
Persons disqualified from membership
5.A person is disqualified from appointment, and from holding office,...
Term of office
6.(1) A member holds office for such period of not...
Resignation of members
7.(1) A member may resign office by giving notice in...
Removal of members
8.(1) The Lord President may, by notice in writing, remove...
Chairing Member: appointment and tenure
9.(1) The Scottish Ministers must appoint one of the lay...
Chairing Member: resignation, removal, vacancy etc.
10.(1) The Chairing Member may resign office as such by...
Temporary members
11.(1) Where the Chairing Member is satisfied that a member...
Conflicts of interest
12.(1) Sub-paragraph (2) applies where the Chairing Member is satisfied...
Fees and expenses
13.(1) Each member of the Board is entitled to such...
Administrative support
14.(1) The Scottish Ministers must provide, or ensure the provision...
Procedure
15.(1) The Board may determine its own procedure (including the...
Committees and delegation
16.(1) The Board may establish committees and may delegate the...
Validity of proceedings
17.The validity of any proceedings or actings of the Board...
Board to fall within remit of Commissioner for Public Appointments in Scotland
18.(1) In the Public Appointments and Public Bodies etc. (Scotland)...
Code of conduct for members
19.In the Ethical Standards in Public Life etc. (Scotland) Act...
Maladministration
20.(1) In the Scottish Public Services Ombudsman Act 2002 (asp...
Freedom of information
21.In the Freedom of Information (Scotland) Act 2002 (asp 13),...
Transitional provision: constitution of the first Board
22.(1) The first members of the Board are to be...
SCHEDULE 2
Panels established under section 19(2)
Constitution of panel
1.(1) A panel established under section 19(2) in connection with...
Vacancies etc.
2.(1) If the Chairing Member of the Board is unable...
Qualifying judges
3.(1) The qualifying judges are— (a) those judges of the...
4.(1) Each member of a panel is entitled to such...
SCHEDULE 3
The Scottish Court Service
Status of SCTS
1.The SCTS is the holder of an office, which office...
2.(1) The SCTS consists of judicial members and non-judicial members....
Procedure for appointment of members
3.(1) It is for the Lord President to appoint the...
4.A person is disqualified from appointment, and from holding office,...
5.(1) This paragraph applies to a member of the SCTS...
Reappointment
6.A person who is, or has been, a member of...
Resignation and removal of members
7.(1) This paragraph applies to a member of the SCTS...
Suspension of judicial members
8.A judicial member is suspended from acting as such during...
Chairing of the SCTS
9.(1) The Lord President is to chair meetings of the...
Committees
10.(1) The SCTS may establish committees. (2) A person who...
Proceedings
11.The SCTS may determine— (a) its own procedure (including the...
Validity of actings
12.The validity of any proceedings or actings of the SCTS...
Remuneration and expenses
13.(1) The SCTS may pay to— (a) its members, and...
Chief Executive and other staff
14.(1) The SCTS must appoint a Chief Executive.
Ancillary powers
15.(1) The SCTS may do anything which it considers necessary...
Power to use local authority premises
16.(1) The SCTS may, where it considers it necessary for...
Delegation
17.(1) Any function of the SCTS may be carried out...
18.In the Freedom of Information (Scotland) Act 2002 (asp 13),...
Transfer of staff
19.(1) Sub-paragraph (2) applies to persons who, on the coming...
Transfer of property and liabilities
20.(1) The Scottish Ministers may by order provide for the...
SCHEDULE 4
Appointment etc. of office holders: consequential amendments
The Administration of Justice (Scotland) Act 1933 (c. 41)
1.(1) The Administration of Justice (Scotland) Act 1933 is amended...
The Sheriff Courts and Legal Officers (Scotland) Act 1927 (c. 35)
2.(1) The Sheriff Courts and Legal Officers (Scotland) Act 1927...
SCHEDULE 5
Consequential amendments and repeals
The Courts of Law Fees (Scotland) Act 1895 (c. 14)
1.In the Courts of Law Fees (Scotland) Act 1895, in...
The Sheriff Courts (Scotland) Act 1971 (c. 58)
2.(1) The 1971 Act is amended as follows.
The Scotland Act 1998 (Transitory and Transitional Provisions) (Removal of Judges) Order 1999 (S.I. 1999/1017)
3.The Scotland Act 1998 (Transitory and Transitional Provisions) (Removal of...
The Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006 (asp 9)
4.The Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006 is...
The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)
5.(1) The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 is...