Paragraph 7 Judiciary and Courts (Scotland) Act 2008I1

The Judiciary and Courts (Scotland) Act 2008 is modified as follows.

In section 10 (judicial offices within the Board’s remit), in subsection (1), for paragraph (b) substitute—

“(b)

the offices of Chair and member of the Scottish Land Court,”.

In schedule 1 (the Judicial Appointments Board for Scotland), after paragraph 16A, insert—

“Proceedings relating to the Scottish Land Court

16B

(1)

Sub-paragraph (2) applies where the Board is exercising any function under this Act in connection with a position mentioned in section 10(1)(b).

(2)

At least one member of the Scottish Land Court (“the Land Court”) is to take part in any proceedings relating to the function.

(3)

It is for the Chair of the Land Court to select a member of the Land Court to take part as mentioned in sub-paragraph (2) (which member may be the Chair).

(4)

Before making a selection under sub-paragraph (3), the Chair of the Land Court must consult the Chairing Member.

(5)

The person selected is to be treated as if a member of the Board for the purposes of—

(a)

sections 11 to 15 and 17, and

(b)

paragraphs 5, 12 and 13 of this schedule.

(6)

Sub-paragraph (7) applies if—

(a)

the Board is exercising any function under this Act in connection with a position mentioned in section 10(1)(b),

(b)

the Board authorises a person appointed under paragraph 13A(1) to assist it in relation to any proceedings relating to the function, and

(c)

the person authorised to assist the Board in relation to the proceedings is a member of the Land Court.

(7)

The member of the Land Court selected under sub-paragraph (3) may elect not to take part in the proceedings in respect of which the member is also the person authorised to assist.

(8)

The Board may not make a determination under paragraph 15 which is inconsistent with this paragraph.

(9)

In this paragraph, “Chair of the Land Court” and references to a member of the Land Court are to be construed in accordance with paragraph 2 of schedule 1 of the Crofting and Scottish Land Court Act 2026.”.