# Judiciary and Courts (Scotland) Act 2008, Paragraph 8


(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.
(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.
(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.
(4) This sub-paragraph applies if the member—
(a) has failed without reasonable excuse to discharge the functions of a member for a continuous period of 6 months,
(b) has been convicted of any offence,
(c) has become insolvent, or
(d) is otherwise unfit to be a member or unable for any reason to discharge the functions of a member.
(5) For the purposes of sub-paragraph (4)(c), a member becomes insolvent on—
(a) the approval of a voluntary arrangement proposed by the member,
(b) being adjudged bankrupt,
(c) the member's estate's being sequestrated, or
(d) the member's granting a trust deed for creditors.

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Source: https://www.legislation.gov.uk/asp/2008/6/schedule/1/paragraph/8 (the official version)
Page: https://openlegislation.uk/judiciary-and-courts-scotland-act-2008/schedule-1/paragraph-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.