Judiciary and Courts (Scotland) Act 2008
Part 1Judicial independence
1Guarantee of continued judicial independence
Part 2The judiciary
Chapter 1Head of the Scottish Judiciary
2Head of the Scottish Judiciary
3Delegation of functions
Chapter 2Senior judiciary: vacancy, incapacity and suspension
4Lord President
5Lord Justice Clerk
6Periods when both sections 4 and 5 apply
7Supplementary
8Interpretation of Chapter 2
Chapter 3Judicial appointments
Judicial Appointments Board for Scotland
9The Judicial Appointments Board for Scotland
10Judicial offices within the Board's remit
11Recommendations of the Board
12Selection criteria
13Assessment of legal knowledge, skills and competence
14Encouragement of diversity
15Guidance
16Guidance: procedure
17Confidentiality of information
18Annual report
Lord President and Lord Justice Clerk
19Appointment
20Selection criteria
Other Court of Session judges
20AQualification of certain individuals for appointment as Court of Session judge
20BTemporary judges
20CReappointment of temporary judges
20DCessation of appointment of temporary judges
20ERe-employment of former Court of Session and Supreme Court judges
20FRe-employment of former judges: further provision
20GRemuneration and expenses of temporary and former judges
Sheriffs principal, sheriffs and part-time sheriffs
24Appointment of temporary sheriffs principal
25Re-employment of retired sheriffs principal and sheriffs
26Appointment of part-time sheriffs
27Sheriffs and part-time sheriffs: official oaths
Chapter 4Judicial conduct
Judicial conduct
28Rules about investigations etc.
29Powers of Lord President
Judicial Complaints Reviewer
30Judicial Complaints Reviewer
31Judicial Complaints Reviewer: tenure etc.
32Guidance
33Lord President's powers on referral
Suspension
34Suspension
Chapter 5Removal from office
Judges
35Tribunal to consider fitness for judicial office
36Suspension during investigation
37Further provision about tribunals
38Report of tribunal
39Temporary judges: removal from office
Sheriffs
40Consideration of fitness for, and removal from, shrieval office
Justices of the peace
41Provision relating to tribunal considering fitness for office of justices of the peace
Chapter 6Training and appraisal of justices of the peace
42Training and appraisal of justices of the peace
Chapter 7Meaning of “judicial office holder”
43Meaning of “judicial office holder”
Part 3The courts
The Court of Session
44Maximum number of judges
45Number of judges of the First and Second Divisions of the Inner House
46Divisions of the Inner House
Sheriff courts
47Sheriff principal's responsibility
48Repeal of certain responsibilities of Scottish Ministers
49Lord President's default power
50Alteration of boundaries of sheriffdoms
51Sheriff court districts and places where sheriff courts are to be held
52Repeal of power to appoint sheriff to assist Scottish Ministers
53Sheriffs principal and sheriffs acting in other sheriffdoms
54Residence and leave of absence of sheriffs principal
55Number, residence and deployment of sheriffs
56Leave of absence of sheriffs
Justice of the peace courts
57Establishment, constitution etc.
58Sheriff principal's responsibility
Court holidays
59Court holidays in sheriff courts and justice of the peace courts
Part 4THE SCOTTISH COURTS AND TRIBUNALS SERVICE
Establishment
60 The Scottish Courts and Tribunals Service
Functions
61Administrative support for the Scottish courts and judiciary
61A Administrative support for the Scottish Tribunals and their members etc.
62Administrative support for other persons
63Appointment etc. of office holders
64Payment of remuneration etc. of certain judicial office holders
Provision of advice etc. to the Scottish Ministers
65Provision of advice etc. to the Scottish Ministers
Plan and report
66Corporate plan
67Annual report
Ministerial powers
68Provision of information
69Guidance
70Default power
Part 5General
71Orders and regulations
72Interpretation
73Consequential amendments and repeals
74Ancillary provision
75Transitional provision etc.
76Commencement and short title
SCHEDULE 1The Judicial Appointments Board for Scotland
Status of the Board
1The Board is not a servant of the Crown and...
Membership
2The Board consists of— (a) judicial members appointed by the...
The judicial and legal members
3(1) The judicial members comprise— (a) two persons, each holding...
The lay members
4(1) The number of lay members is to be equal...
Persons disqualified from membership
5A 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...
Appointment of persons to assist the Board
13A(1) The Board may appoint persons (other than Board members)...
Powers and conduct of persons appointed to assist the Board
13B(1) A person appointed under paragraph 13A(1) as a legal...
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...
Proceedings relating to the Scottish Tribunals
16A(1) Sub-paragraph (2) applies where the Board is exercising any...
Validity of proceedings
17The 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
19In the Ethical Standards in Public Life etc. (Scotland) Act...
Maladministration
20(1) In the Scottish Public Services Ombudsman Act 2002 (asp...
Freedom of information
21In 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 2Panels 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...
Fees and expenses
4(1) Each member of a panel is entitled to such...
SCHEDULE 3THE SCOTTISH COURTS AND TRIBUNALS SERVICE
Status of SCTS
1THE SCOTTISH COURTS AND TRIBUNALS SERVICE
Membership
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...
Persons disqualified from membership
4A person is disqualified from appointment, and from holding office,...
Term of office
5(1) This paragraph applies to a member of the SCTS...
Reappointment
6A 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
8A 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
11The SCTS may determine— (a) its own procedure (including the...
Validity of actings
12The 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...
Freedom of information
18In 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 4Appointment 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 5Consequential amendments and repeals
The Courts of Law Fees (Scotland) Act 1895 (c. 14)
1In 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)
3The Scotland Act 1998 (Transitory and Transitional Provisions) (Removal of...
The Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006 (asp 9)
4The 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...

Judiciary and Courts (Scotland) Act 2008

2008 asp 6

An Act of the Scottish Parliament to make provision about the judiciary and the courts; to establish the Scottish Court Service; and for connected purposes.