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Judiciary and Courts (Scotland) Act 2008
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Judiciary and Courts (Scotland) Act 2008, Section 36 is up to date with all changes known to be in force on or before 07 December 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 36:
- s. 2(2ZA) inserted by 2025 asp 12 s. 30(2)(a)
- s. 2(6)(ba) inserted by 2025 asp 12 sch. 5 para. 2(3)
- s. 2(6A) inserted by 2025 asp 12 s. 30(2)(b)
- s. 20E(6) inserted by 2025 asp 12 s. 73(2)(c)
- s. 35(2A) inserted by 2025 asp 12 sch. 5 para. 2(5)
- s. 43(2)(cb) inserted by 2025 asp 12 sch. 5 para. 2(6)
- s. 62(1)(bza) inserted by 2025 asp 12 sch. 5 para. 2(7)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 2(2ZA) inserted by 2025 asp 12 s. 30(2)(a)
- s. 2(6)(ba) inserted by 2025 asp 12 sch. 5 para. 2(3)
- s. 2(6A) inserted by 2025 asp 12 s. 30(2)(b)
- s. 20E(6) inserted by 2025 asp 12 s. 73(2)(c)
- s. 35(2A) inserted by 2025 asp 12 sch. 5 para. 2(5)
- s. 43(2)(cb) inserted by 2025 asp 12 sch. 5 para. 2(6)
- s. 62(1)(bza) inserted by 2025 asp 12 sch. 5 para. 2(7)
36Suspension during investigationS
This section has no associated Explanatory Notes
(1)Where the Lord President has requested that the First Minister constitute a tribunal under section 35, the Lord President may, at any time before the tribunal reports to the First Minister, suspend the person who is to be, or is, the subject of the investigation, from office.
(2)Such a suspension lasts until the Lord President orders otherwise.
(3)A tribunal constituted under section 35 may, at any time before the tribunal reports to the First Minister, recommend to the First Minister that the person who is the subject of the tribunal's investigation be suspended from office.
(4)Such a recommendation must be in writing.
(5)The First Minister on receiving such a recommendation may suspend the person from office.
(6)Such a suspension lasts until the First Minister orders otherwise.
(7)Suspension under this section from the office of Lord President, Lord Justice Clerk, judge of the Court of Session or Chairman of the Scottish Land Court does not affect any remuneration payable to, or in respect of, the office in respect of the period of suspension.
Commencement Information
I1S. 36 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch. (with art. 3)
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