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SCHEDULE 8SConduct and fitness etc.

PART 1 SConduct and discipline

Judicial Complaints ReviewerS

9(1)The Judicial Complaints Reviewer has the functions mentioned in sub-paragraph (2).S

(2)The functions are—

(a)on the request of a relevant person, to review the handling of an investigation carried out in accordance with rules made under paragraph 3(1) to consider whether the investigation has been carried out in accordance with the rules,

(b)in any case where the Reviewer considers that such an investigation has not been carried out in accordance with such rules, to refer the case to the Lord President,

(c)as directed by the Scottish Ministers, to prepare and publish reports on the investigations carried out in pursuance of such rules,

(d)to make written representations to the Lord President about procedures for handling the investigation of matters concerning the conduct of members of the Scottish Tribunals.

(3)The Lord President is to have regard to any written representations made under sub-paragraph (2)(d).

(4)In sub-paragraph (2)(a), “relevant person” means—

(a)person whose complaint led to the carrying out of the investigation, or

(b)member of the Scottish Tribunals with respect to whom the investigation has been carried out.

Commencement Information

I1Sch. 8 para. 9 in force at 1.4.2015 by S.S.I. 2015/116, art. 2

10(1)Sub-paragraph (2) applies where a case is referred to the Lord President by virtue of paragraph 9(2)(b).S

(2)The Lord President may—

(a)vary or revoke (wholly or partly) the determination made in the case to which the investigation relates,

(b)cause a fresh investigation to be carried out,

(c)confirm the determination in the case, or

(d)deal with the referral in such other way as the Lord President considers appropriate.

Commencement Information

I2Sch. 8 para. 10 in force at 1.4.2015 by S.S.I. 2015/116, art. 2