{
  "url": "https://openlegislation.uk/judiciary-and-courts-scotland-act-2008/schedule-1/paragraph-8",
  "json_url": "https://openlegislation.uk/judiciary-and-courts-scotland-act-2008/schedule-1/paragraph-8.json",
  "legislation": "asp/2008/6",
  "legislation_title": "Judiciary and Courts (Scotland) Act 2008",
  "legislation_url": "https://openlegislation.uk/judiciary-and-courts-scotland-act-2008",
  "path": "schedule/1/paragraph/8",
  "kind": "paragraph",
  "number": "8",
  "heading": null,
  "text": "(1) The Lord President may, by notice in writing, remove a judicial member from office if satisfied, after consulting the Chairing Member and the Scottish Ministers, that sub-paragraph (4) applies in relation to the member.\n(2) The Scottish Ministers may, by notice in writing, remove a legal or lay member from office if satisfied, after consulting the Chairing Member (unless that is the member concerned) and the Lord President, that sub-paragraph (4) applies in relation to the member.\n(3) A member may not be removed from office under sub-paragraph (1) or (2) without the member being afforded an opportunity to be heard by the Lord President or, as the case may be, the Scottish Ministers.\n(4) This sub-paragraph applies if the member—\n(a) has failed without reasonable excuse to discharge the functions of a member for a continuous period of 6 months,\n(b) has been convicted of any offence,\n(c) has become insolvent, or\n(d) is otherwise unfit to be a member or unable for any reason to discharge the functions of a member.\n(5) For the purposes of sub-paragraph (4)(c), a member becomes insolvent on—\n(a) the approval of a voluntary arrangement proposed by the member,\n(b) being adjudged bankrupt,\n(c) the member's estate's being sequestrated, or\n(d) the member's granting a trust deed for creditors.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "asp/2026/17",
      "affecting_title": "Crofting and Scottish Land Court Act 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2008/6/schedule/1/paragraph/8",
    "retrieved_at": "2026-10-29T20:15:44.431271+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}