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
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
1.Status of the Board
2.Membership
3.The judicial and legal members
4.The lay members
5.Persons disqualified from membership
6.Term of office
7.Resignation of members
8.Removal of members
9.Chairing Member: appointment and tenure
10.Chairing Member: resignation, removal, vacancy etc.
11.Temporary members
12.Conflicts of interest
13.Fees and expenses
14.Administrative support
15.Procedure
16.Committees and delegation
17.Validity of proceedings
18.Board to fall within remit of Commissioner for Public Appointments in Scotland
19.Code of conduct for members
20.Maladministration
21.Freedom of information
22.Transitional provision: constitution of the first Board
SCHEDULE 2
Panels established under section 19(2)
1.Constitution of panel
2.Vacancies etc.
3.Qualifying judges
4.Fees and expenses
SCHEDULE 3
The Scottish Court Service
1.Status of SCS
3.Procedure for appointment of members
4.Persons disqualified from membership
5.Term of office
6.Reappointment
7.Resignation and removal of members
8.Suspension of judicial members
9.Chairing of the SCS
10.Committees
11.Proceedings
12.Validity of actings
13.Remuneration and expenses
14.Chief Executive and other staff
15.Ancillary powers
16.Power to use local authority premises
17.Delegation
18.Freedom of information
19.Transfer of staff
20.Transfer of property and liabilities
SCHEDULE 4
Appointment etc. of office holders: consequential amendments
1.The Administration of Justice (Scotland) Act 1933 (c. 41)
2.The Sheriff Courts and Legal Officers (Scotland) Act 1927 (c. 35)
SCHEDULE 5
Consequential amendments and repeals
1.The Courts of Law Fees (Scotland) Act 1895 (c. 14)
2.The Sheriff Courts (Scotland) Act 1971 (c. 58)
3.The Scotland Act 1998 (Transitory and Transitional Provisions) (Removal of Judges) Order 1999 (S.I. 1999/1017)
4.The Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006 (asp 9)
5.The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)