SCHEDULE 2APPEAL SHERIFFS: TEMPORARY PROVISION

Appointment of Senators of the College of Justice to act as Appeal Sheriffs

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1

The Lord President of the Court of Session may appoint persons holding the office of Senator of the College of Justice to act as Appeal Sheriffs for the transitional period.

2

The Lord President may appoint as many persons under sub-paragraph (1) as the Lord President considers necessary for the purposes of the Sheriff Appeal Court during the transitional period.

3

A person may be appointed under sub-paragraph (1) only if the person has held office as a Senator of the College of Justice for at least one year.

4

The appointment of a Senator of the College of Justice to act as an Appeal Sheriff does not affect the Senator's appointment as a Senator and the Senator may accordingly continue to act in that capacity.

5

A person appointed under sub-paragraph (1) is to be treated for all purposes (other than for the purposes of the enactments specified in sub-paragraph (6)) as an Appeal Sheriff and may exercise the jurisdiction and powers that attach to the office of Appeal Sheriff.

6

The enactments referred to in sub-paragraph (5) are—

a

sections 50 and 51,

b

section 304(2)(c)(zi) of the Criminal Procedure (Scotland) Act 1995.