# Crofting and Scottish Land Court Act 2026, Paragraph 2: Appointment of members and Chair of the Court

Extent: S
Status: prospective

(1) The Court is to consist of such persons as His Majesty, on the recommendation of the First Minister, may appoint as members.
(2) One of the persons appointed by His Majesty is to be appointed as the Chair of the Court.
(3) Before recommending the appointment of a person as the Chair, the First Minister must consult the Lord President of the Court of Session.
(4) A person appointed as the Chair has the same rank and tenure of office as a judge of the Court of Session.
(5) The Chair is to be a person who, at the date of appointment—
(a) is a sheriff principal or sheriff who has held office as such for a continuous period of not less than 10 years,
(b) is a member of the Faculty of Advocates of not less than 10 years’ standing,
(c) is a solicitor who, by virtue of section 25A (rights of audience) of the Solicitors (Scotland) Act 1980, has for a continuous period of not less than 10 years had a right of audience in the Court of Session, or
(d) has, for a continuous period of not less than 10 years (discounting any period of relevant training) held a combination of the offices, membership and rights described in paragraphs (a) to (c).
(6) Sub-paragraph (5)(a) does not confer eligibility for appointment as Chair on a temporary sheriff principal or on a part-time sheriff who is not otherwise eligible for appointment.
(7) The membership of the court is to include a person who is able to speak the Gaelic language.
(8) The Scottish Ministers may by regulations make provision about the eligibility for appointment of members of the Court (other than the Chair).
(9) Regulations under sub-paragraph (8) are subject to the negative procedure.

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Source: https://www.legislation.gov.uk/asp/2026/17/schedule/1/paragraph/2 (the official version)
Page: https://openlegislation.uk/crofting-and-scottish-land-court-act-2026/schedule-1/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.