Judiciary and Courts (Scotland) Act 2008
2008 asp 6 · Enacted 29 October 2008 · Extends to United Kingdom
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.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 25th September 2008 and received Royal Assent on 29 October 2008
Contents
- Part 1: Judicial independence
- 1Guarantee of continued judicial independence
- Part 2: The judiciary
- Chapter 1: Head of the Scottish Judiciary
- 2Head of the Scottish Judiciary
- 3Delegation of functions
- Chapter 2: Senior judiciary: vacancy, incapacity and suspension
- 4Lord President
- 5Lord Justice Clerk
- 6Periods when both sections 4 and 5 apply
- 7Supplementary
- 8Interpretation of Chapter 2
- Chapter 3: Judicial 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- 24Appointment of temporary sheriffs principal Repealed
- 25Re-employment of retired sheriffs principal and sheriffs Repealed
- 26Appointment of part-time sheriffs Repealed
- 27Sheriffs and part-time sheriffs: official oaths
- Chapter 4: Judicial 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 5: Removal 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 Repealed
- Justices of the peace
- 41Provision relating to tribunal considering fitness for office of justices of the peace
- Chapter 6: Training and appraisal of justices of the peace
- 42Training and appraisal of justices of the peace
- Chapter 7: Meaning of “judicial office holder”
- 43Meaning of “judicial office holder”
- Part 3: The 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 Repealed
- 48Repeal of certain responsibilities of Scottish Ministers Repealed
- 49Lord President's default power Repealed
- 50Alteration of boundaries of sheriffdoms Repealed
- 51Sheriff court districts and places where sheriff courts are to be held Repealed
- 52Repeal of power to appoint sheriff to assist Scottish Ministers Repealed
- 53Sheriffs principal and sheriffs acting in other sheriffdoms Repealed
- 54Residence and leave of absence of sheriffs principal Repealed
- 55Number, residence and deployment of sheriffs Repealed
- 56Leave of absence of sheriffs Repealed
- 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 4: THE SCOTTISH COURTS AND TRIBUNALS SERVICE
- Establishment
- 60The Scottish Courts and Tribunals Service
- Functions
- 61Administrative support for the Scottish courts and judiciary
- 61AAdministrative 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 5: General
- 71Orders and regulations
- 72Interpretation
- 73Consequential amendments and repeals
- 74Ancillary provision
- 75Transitional provision etc.
- 76Commencement and short title
- Schedule 1: The Judicial Appointments Board for Scotland
- Status of the Board
- 1Paragraph 1
- Membership
- 2Paragraph 2
- The judicial and legal members
- 3Paragraph 3
- The lay members
- 4Paragraph 4
- Persons disqualified from membership
- 5Paragraph 5
- Term of office
- 6Paragraph 6
- Resignation of members
- 7Paragraph 7
- Removal of members
- 8Paragraph 8
- Chairing Member: appointment and tenure
- 9Paragraph 9
- Chairing Member: resignation, removal, vacancy etc.
- 10Paragraph 10
- Temporary members
- 11Paragraph 11
- Conflicts of interest
- 12Paragraph 12
- Fees and expenses
- 13Paragraph 13
- Appointment of persons to assist the Board
- 13AParagraph 13A
- Powers and conduct of persons appointed to assist the Board
- 13BParagraph 13B
- Administrative support
- 14Paragraph 14
- Procedure
- 15Paragraph 15
- Committees and delegation
- 16Paragraph 16
- Proceedings relating to the Scottish Tribunals
- 16AParagraph 16A
- Validity of proceedings
- 17Paragraph 17
- Board to fall within remit of Commissioner for Public Appointments in Scotland
- 18Paragraph 18
- Code of conduct for members
- 19Paragraph 19
- Maladministration
- 20Paragraph 20
- Freedom of information
- 21Paragraph 21
- Transitional provision: constitution of the first Board
- 22Paragraph 22
- Schedule 2: Panels established under section 19(2)
- Constitution of panel
- 1Paragraph 1
- Vacancies etc.
- 2Paragraph 2
- Qualifying judges
- 3Paragraph 3
- Fees and expenses
- 4Paragraph 4
- Schedule 3: THE SCOTTISH COURTS AND TRIBUNALS SERVICE
- Status of SCTS Not yet in force
- 1Paragraph 1 Not yet in force
- Membership
- 2Paragraph 2
- Procedure for appointment of members
- 3Paragraph 3
- Persons disqualified from membership
- 4Paragraph 4
- Term of office
- 5Paragraph 5
- Reappointment
- 6Paragraph 6
- Resignation and removal of members
- 7Paragraph 7
- Suspension of judicial members
- 8Paragraph 8
- Chairing of the SCTS
- 9Paragraph 9
- Committees
- 10Paragraph 10
- Proceedings
- 11Paragraph 11
- Validity of actings
- 12Paragraph 12
- Remuneration and expenses
- 13Paragraph 13
- Chief Executive and other staff
- 14Paragraph 14
- Ancillary powers
- 15Paragraph 15
- Power to use local authority premises
- 16Paragraph 16
- Delegation
- 17Paragraph 17
- Freedom of information
- 18Paragraph 18
- Transfer of staff
- 19Paragraph 19
- Transfer of property and liabilities
- 20Paragraph 20
- Schedule 4: Appointment etc. of office holders: consequential amendments
- The Administration of Justice (Scotland) Act 1933 (c. 41)
- 1Paragraph 1
- The Sheriff Courts and Legal Officers (Scotland) Act 1927 (c. 35)
- 2Paragraph 2
- Schedule 5: Consequential amendments and repeals
- The Courts of Law Fees (Scotland) Act 1895 (c. 14)
- 1Paragraph 1
- The Sheriff Courts (Scotland) Act 1971 (c. 58)
- 2Paragraph 2 Repealed
- The Scotland Act 1998 (Transitory and Transitional Provisions) (Removal of Judges) Order 1999 (S.I. 1999/1017)
- 3Paragraph 3
- The Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006 (asp 9)
- 4Paragraph 4
- The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)
- 5Paragraph 5