SCHEDULE 3The Scottish Court Service

Membership

2

1

The SCS consists of judicial members and non-judicial members.

2

The judicial members comprise—

a

the Lord President,

b

the Lord Justice Clerk,

c

one other person holding the office of judge of the Court of Session,

d

one person holding the office of sheriff principal,

e

two persons holding the office of sheriff, and

f

one person holding the office of justice of the peace.

3

The non-judicial members comprise—

a

an advocate practising as such in Scotland,

b

a solicitor practising as such in Scotland,

c

the Chief Executive (appointed under paragraph 14(1)), and

d

three other individuals none of whom is qualified for appointment as a judicial member or for appointment under any of the preceding paragraphs.

4

Each of the descriptions of members mentioned in sub-paragraphs (2) and (3) is referred to in this schedule as a “category of membership”.

5

Subject to sub-paragraph (6), the Scottish Ministers may, with the consent of the Lord President, by order modify sub-paragraph (2) or (3).

6

The Scottish Ministers must not make an order under sub-paragraph (5) if its effect would be that the total number of judicial members would no longer exceed the total number of non-judicial members.