Judiciary and Courts (Scotland) Act 2008
Judiciary and Courts (Scotland) Act 2008 (2008 asp 6)
- Judiciary and Courts (Scotland) Act 2008 (2008 asp 6)
- 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
- 20A Qualification of certain individuals for appointment as Court of Session judge
- 20B Temporary judges
- 20C Reappointment of temporary judges
- 20D Cessation of appointment of temporary judges
- 20E Re-employment of former Court of Session and Supreme Court judges
- 20F Re-employment of former judges: further provision
- 20G Remuneration and expenses of temporary and former 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 COURTS AND TRIBUNALS SERVICE
- Establishment
- 60 The Scottish Courts and Tribunals Service
- Functions
- 61 Administrative support for the Scottish courts and judiciary
- 61A Administrative support for the Scottish Tribunals and their members etc.
- 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
- Status of the Board
- Membership
- The judicial and legal members
- The lay members
- Persons disqualified from membership
- Term of office
- Resignation of members
- Removal of members
- Chairing Member: appointment and tenure
- Chairing Member: resignation, removal, vacancy etc.
- Temporary members
- Conflicts of interest
- Fees and expenses
- Appointment of persons to assist the Board
- Powers and conduct of persons appointed to assist the Board
- Administrative support
- Procedure
- Committees and delegation
- Proceedings relating to the Scottish Tribunals
- Validity of proceedings
- Board to fall within remit of Commissioner for Public Appointments in Scotland
- Code of conduct for members
- Maladministration
- Freedom of information
- Transitional provision: constitution of the first Board
- SCHEDULE 2 Panels established under section 19(2)
- Constitution of panel
- Vacancies etc.
- Qualifying judges
- Fees and expenses
- SCHEDULE 3 THE SCOTTISH COURTS AND TRIBUNALS SERVICE
- Status of SCTS
- Membership
- Procedure for appointment of members
- Persons disqualified from membership
- Term of office
- Reappointment
- Resignation and removal of members
- Suspension of judicial members
- Chairing of the SCTS
- Committees
- Proceedings
- Validity of actings
- Remuneration and expenses
- Chief Executive and other staff
- Ancillary powers
- Power to use local authority premises
- Delegation
- Freedom of information
- Transfer of staff
- Transfer of property and liabilities
- SCHEDULE 4 Appointment etc. of office holders: consequential amendments
- The Administration of Justice (Scotland) Act 1933 (c. 41)
- The Sheriff Courts and Legal Officers (Scotland) Act 1927 (c. 35)
- SCHEDULE 5 Consequential amendments and repeals
- The Courts of Law Fees (Scotland) Act 1895 (c. 14)
- The Sheriff Courts (Scotland) Act 1971 (c. 58)
- The Scotland Act 1998 (Transitory and Transitional Provisions) (Removal of Judges) Order 1999 (S.I. 1999/1017)
- The Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006 (asp 9)
- The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)
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