Judiciary and Courts (Scotland) Act 2008

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.