Judiciary and Courts (Scotland) Act 2008 (asp 6)

SCHEDULE 1 S The Judicial Appointments Board for Scotland

The judicial and legal members S

3 (1) The judicial members comprise— S

(a) [F1 two persons, each] holding the office of judge of the Court of Session (other than the Lord President and the Lord Justice Clerk),

(b) one person holding the office of sheriff principal, F2 ...

(c) one person holding the office of sheriff [F3 , and

(d) one person holding the position of Chamber President or of Vice-President within the Scottish Tribunals.]

(2) The legal members comprise—

(a) one advocate practising as such in Scotland, F4 ...

(b) one solicitor practising as such in Scotland [F5 , and

(c) one person who may be either—

(i) an advocate practising as such in Scotland, or

(ii) a solicitor practising as such in Scotland.]

(3) Each of the descriptions of members mentioned—

(a) in sub-paragraph (1) is referred to in this schedule as a “judicial membership category”, and

(b) in sub-paragraph (2) is referred to in this schedule as a “legal membership category”.

(4) The Scottish Ministers may by order modify sub-paragraph (1) or (2).

(5) However, an order under sub-paragraph (4) may not remove any judicial or legal membership category other than one added by such an order.

[F6 (6) For the purposes of sub-paragraph (1)(d)—

• “ Scottish Tribunals ” is to be construed in accordance with the Tribunals (Scotland) Act 2014,

• “ Chamber President ” means Chamber President in the First-tier Tribunal as referred to in that Act and “ Vice-President ” means Vice-President of the Upper Tribunal as referred to in that Act. ]

Textual Amendments

F1 Words in sch. 1 para. 3(1)(a) substituted (4.11.2022) by The Judicial Appointments Board for Scotland (Membership) Modification Order 2022 (S.S.I. 2022/268), arts. 1, 2(2)(a)

F2 Word in Sch. 1 para. 3(1) repealed (1.4.2015) by Tribunals (Scotland) Act 2014 (asp 10), s. 83(2), Sch. 9 para. 12(4)(a) (with Sch. 9 para. 8); S.S.I. 2015/116, art. 2

F3 Sch. 1 para. 3(1)(d) inserted (1.4.2015) by Tribunals (Scotland) Act 2014 (asp 10), s. 83(2), Sch. 9 para. 12(4)(b) (with Sch. 9 para. 810(1)(a)); S.S.I. 2015/116, art. 2

F4 Word in sch. 1 para. 3(2) omitted (4.11.2022) by virtue of The Judicial Appointments Board for Scotland (Membership) Modification Order 2022 (S.S.I. 2022/268), arts. 1, 2(2)(b)

F5 Sch. 1 para. 3(2)(c) and word inserted (4.11.2022) by The Judicial Appointments Board for Scotland (Membership) Modification Order 2022 (S.S.I. 2022/268), arts. 1, 2(2)(c)

F6 Sch. 1 para. 3(6) inserted (1.4.2015) by Tribunals (Scotland) Act 2014 (asp 10), s. 83(2), Sch. 9 para. 12(4)(c) (with Sch. 9 para. 8); S.S.I. 2015/116, art. 2