Courts Reform (Scotland) Act 2014

51 Re-employment of former Appeal Sheriffs

(1) The Lord President of the Court of Session may appoint a qualifying former Appeal Sheriff to act as an Appeal Sheriff during such periods or on such occasions as the Lord President may determine.

(2) The Lord President may make such an appointment only if the appointment appears to the Lord President to be expedient as a temporary measure in order to facilitate the disposal of business in the Sheriff Appeal Court.

(3) A “qualifying former Appeal Sheriff” is an individual who—

(a) ceased to hold that office other than by virtue of—

(i) an order under section 25 (as read with sections 49(2) and 50(5)), or

(ii) removal from office under section 50(7), and

(b) has not reached the age of 75.

(4) An individual appointed under subsection (1) is to be treated for all purposes (other than for the purposes of section 50) as an Appeal Sheriff and may exercise the jurisdiction and powers that attach to the office of Appeal Sheriff.

(5) An individual’s appointment under subsection (1) ceases when the individual reaches the age of 75.

(6) Despite the ending (whether by virtue of subsection (5) or otherwise) of an individual’s appointment under subsection (1)—

(a) the individual may continue to deal with, give judgment in or deal with an ancillary matter relating to, a case begun before the individual while acting under that appointment,

(b) so far as necessary for that purpose, and for the purpose of any subsequent proceedings arising out of the case or matter, the individual is to be treated as acting or, as the case may be, having acted under that appointment.

(7) An individual appointed under subsection (1) is to be paid such remuneration as the Scottish Ministers may determine.

(8) The Scottish Ministers may determine different amounts of remuneration for—

(a) different individuals so appointed, or

(b) different descriptions of individuals so appointed.

(9) Remuneration under subsection (7) is to be paid by the Scottish Courts and Tribunals Service.