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

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

The number of lay members is to be equal to the total number of judicial and legal members.

A person who is or has been a member may be reappointed (whether in the same or a different capacity) for further periods.

However, a person may not hold office as a member for periods (whether or not consecutive) totalling more than 8 years.

Such a direction may be given in relation to a member before or after the occurrence of an event mentioned in sub-paragraph (4).

A person whose appointment as a member ceases by virtue of sub-paragraph (4) or (5) may nonetheless continue to act as a member so far as that is necessary for the purposes of concluding consideration of a judicial appointment which the Board is in the course of considering at the time the person's appointment ceases.

Notice under sub-paragraph (1) must be given at least 6 months before the proposed date of resignation unless a shorter period is agreed with the person to whom notice is to be given under that sub-paragraph.

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.

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.

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.

The Scottish Ministers must appoint one of the lay members to chair the Board.

That member is referred to in this Act as the “Chairing Member”.

The Chairing Member holds office as such for such period of not more than 4 years as the Scottish Ministers, at the time of appointment, may determine.

The Chairing Member's appointment as such ceases on the Chairing Member's ceasing to be a member of the Board.

A member who is or has been the Chairing Member may be reappointed for further periods.

The Chairing Member may resign office as such by giving notice in writing to the Scottish Ministers.

During any period when there is a vacancy in the office of the Chairing Member, the functions of the Chairing Member may be carried out by another lay member nominated by the Board.

Sub-paragraphs (1), (2) and (4) apply to a member carrying out functions by virtue of sub-paragraph (3) or (4) as they apply to the Chairing Member.

On receipt of a request under sub-paragraph (1), the Lord President or, as the case may be, the Scottish Ministers may, if satisfied that it is necessary for the carrying out by the Board of its functions during the period of absence, appoint an individual to be a temporary member in place of the absent member during that period.

An individual appointed by the Lord President under sub-paragraph (2) must fall within the same judicial membership category as that under which the absent member was appointed.

Before appointing a temporary member, the Lord President or, as the case may be, the Scottish Ministers must consult the Chairing Member.

A temporary member takes the place of the absent member and, accordingly, the absent member is not to be counted as a member while the temporary member holds office.

A person whose appointment as a temporary member ceases may nonetheless continue to act as a member so far as that is necessary for the purpose of concluding consideration of a judicial appointment which the Board is in the course of considering at the time the person's appointment ceases.

Otherwise, the provisions of this schedule apply to a temporary member as they apply to any other member, and references in this schedule to a member of the Board are to be read accordingly.

Sub-paragraph (2) applies where the Chairing Member is satisfied that a member of the Board (“the ineligible member”) is unable by reason of a conflict of interest to take part in the Board's consideration of a particular appointment (“the appointment concerned”).

On receipt of a request under sub-paragraph (2), the Lord President or, as the case may be, the Scottish Ministers may, if satisfied that it is necessary for the carrying out by the Board of its functions in relation to the appointment concerned, appoint an individual to be a substitute member to take the place of the ineligible member for the purposes of that appointment.

An individual appointed by the Lord President under sub-paragraph (3) must fall within the same judicial membership category as that under which the ineligible member was appointed.

The appointment of a substitute member under sub-paragraph (3) in relation to the appointment concerned does not prevent the ineligible member from taking part in the Board's consideration of any other appointment.

A substitute member is not to be counted as a member for the purposes of paragraph 4(1).

A substitute member's appointment ceases on the conclusion of the Board's consideration of the appointment concerned.

Otherwise, the provisions of this schedule apply to a substitute member as they apply to any other member, and references in this schedule to a member of the Board are to be read accordingly.

Each member of the Board is entitled to such fees and expenses, if any, as the Scottish Ministers may determine.

It is for the Scottish Ministers to pay those fees and expenses.

The Scottish Ministers may determine different fees and expenses for different members.

The Scottish Ministers must provide, or ensure the provision of, such staff, property and services as they consider the Board requires for the purpose of carrying out its functions.

The Scottish Ministers must consult the Board as to the staff, property and services it requires for the purpose of carrying out its functions.

The Board may determine its own procedure (including the number of members required to constitute a quorum).

However, the Chairing Member is not to have a casting vote.

The Board may establish committees and may delegate the carrying out of any of its functions to a committee.

Sub-paragraph (1) does not affect the Board's responsibility for the carrying out of its functions.

Sub-paragraph (2) applies where the Board is exercising any function under this Act in connection with a position mentioned in section 10(2A).

At least one member of the Scottish Tribunals is to take part in any proceedings relating to the function (whether or not also a member of the Board).

It is for the President of Tribunals to select a member of the Scottish Tribunals to take part as mentioned in sub-paragraph (2).

Before making a selection under sub-paragraph (3), the President of Tribunals must consult the Chairing Member.

Sub-paragraph (6) applies where a person taking part as mentioned in sub-paragraph (2) is not a member of the Board.

The member of the Scottish Tribunals selected under sub-paragraph (3) may elect not to take part in the proceedings in respect of which the assistant is authorised to assist.

The Board may not make a determination under paragraph 15 which is inconsistent with this paragraph.

In this paragraph, “ President of Tribunals ” is to be construed in accordance with the Tribunals (Scotland) Act 2014 and the references to a member of the Scottish Tribunals are to be construed in accordance with section 13(3) of that Act.

In the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), in schedule 2 (which lists the authorities appointments to which are subject to the remit of the Commissioner for Public Appointments in Scotland), under the heading “Advisory bodies”, insert, at the appropriate place in alphabetical order— “ Judicial Appointments Board for Scotland ”.

If the code of practice published under section 2 of that Act contains provision of the kind described in sub-paragraph (3), that provision does not apply in relation to the making by the Scottish Ministers of an appointment to the Board.

That is provision which has the effect of requiring that there be included among the members of any selection panel constituted for the purpose of considering candidates for the appointment a person falling within any of sub-paragraphs (a) to (f) of paragraph 5 of this schedule.

The Board must make such arrangements as it considers appropriate for the investigation by it of any complaints of maladministration made to it by an individual concerning the manner in which the Board has carried out its functions in relation to the individual.

The Board must take reasonable steps to ensure that any individuals in relation to whom it carries out functions are made aware of the arrangements made under sub-paragraph (2).

The first members of the Board are to be those persons who are members of the existing Judicial Appointments Board on the coming into force of this schedule.

The first Chairing Member of the Board is to be the person who chairs the existing Judicial Appointments Board on the coming into force of this schedule.

In sub-paragraphs (1) and (2), “the existing Judicial Appointments Board” means the administrative body established by the Scottish Ministers known as the Judicial Appointments Board for Scotland.

This paragraph is subject to paragraph 2.

If the Chairing Member of the Board is unable for good reason to participate in a panel, that Member's place on the panel is to be taken by a lay member of the Board nominated by the Chairing Member.

If the office of the Chairing Member is vacant, or if that Member is unable for any reason to make a nomination for the purposes of sub-paragraph (1), that Member's place on the panel is to be taken by another lay member of the Board nominated by the Board.

If the Lord President is unable for good reason to participate in a panel, the Lord President's place is to be taken by a qualifying judge nominated by the Lord President.

During any period when section 4 applies, or if the Lord President is unable for any reason to make a nomination for the purposes of sub-paragraph (3), the Lord President's place on the panel is to be taken by a qualifying judge nominated by the First Minister.

The Lord Justice Clerk is not a qualifying judge in relation to a panel to be established in connection with an expected vacancy in that office.

A judge is a qualifying judge in relation to a panel only if the judge has given to the First Minister notice that the judge is not willing to be appointed to the vacancy in connection with which the panel is to be established.

Each member of a panel is entitled to such fees and expenses, if any, as the Scottish Ministers may determine.

It is for the Scottish Ministers to pay those fees and expenses.

The Scottish Ministers may determine different fees and expenses for different members.

The F8SCTS consists of judicial members and non-judicial members.

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

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

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.

In this schedule, references to the position of Chamber President in the First-tier Tribunal for Scotland are to be construed in accordance with the Tribunals (Scotland) Act 2014.

It is for the Lord President to appoint the members of the F8SCTS (other than the Lord Justice Clerk F15, the President of the Scottish Tribunals and the Chief Executive).

The Lord President may appoint a person to be a member only if the person has been nominated, or otherwise selected for appointment, in accordance with such procedure as the Scottish Ministers may by regulations prescribe.

The Scottish Ministers must consult the Lord President before making regulations under sub-paragraph (2).

This paragraph applies to a member of the F8SCTS appointed by the Lord President.

The member holds office for such period not exceeding 4 years as the Lord President may, at the time of appointment, determine.

This paragraph applies to a member of the F8SCTS appointed by the Lord President.

The member may resign office by giving notice in writing to the Lord President.

The Lord President may, by notice in writing, remove the member if satisfied that the member is unfit to be a member by reason of inability, neglect of duty or misbehaviour.

The Lord President is to chair meetings of the F8SCTS.

The Lord Justice Clerk may deputise for the Lord President in chairing meetings.

Where the Lord President and the Lord Justice Clerk are for any reason unable to attend a meeting the remaining members may elect a member to chair the meeting.

The F8SCTS may establish committees.

A person who is not a member of the F8SCTS may be appointed to be a member of any committee established by it.

The F8SCTS must appoint a Chief Executive.

The F8SCTS may appoint such other staff as it considers appropriate.

The F8SCTS may do anything which it considers necessary or expedient for the purposes of or in connection with its functions.

Nothing in sub-paragraph (1) prevents the F8SCTS from exercising any function delegated under that sub-paragraph.

On the coming into force of this paragraph, those officers and staff transfer to, and become members of the staff of, the F8SCTS (as well as, in the case of the holders of the offices referred in sub-paragraph (1)(a), continuing to hold those offices).

This paragraph does not prejudice any right of any person to terminate that person's contract of employment if the terms and conditions of employment are changed substantially to the detriment of the person; but such a change is not to be taken to have occurred by reason only that the identity of the person's employer changes by virtue of this paragraph.

The Scottish Ministers must appoint, on such terms and conditions as they may determine, a person to act as the Chief Executive of the F8SCTS until the first Chief Executive is appointed by the F8SCTS under paragraph 14(1).

The Scottish Ministers may by order provide for the transfer to the F8SCTS of any property or liabilities to which sub-paragraph (2) applies.

An order under sub-paragraph (1) has effect in relation to any property or liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities.

A right of pre-emption, right of irritancy, right of return or other similar right does not operate or become exercisable as a result of any transfer of property by virtue of an order under sub-paragraph (1).

Any such right has effect in the case of any such transfer as if the F8SCTS were the same person in law as the Scottish Ministers and as if no transfer of the property had taken place.

Any compensation payable by virtue of sub-paragraph (7) is to be paid by the Scottish Ministers or by the F8SCTS or by both.

Sub-paragraphs (4) to (9) apply in relation to the creation of rights or interests, or the doing of anything else, in relation to property as they apply in relation to a transfer of property.

A certificate issued by the Scottish Ministers that any property or liability has, or has not, been transferred by virtue of an order under sub-paragraph (1) is conclusive evidence of the transfer or (as the case may be) the fact that there has not been a transfer.

In this paragraph, “right of return” means any right under a provision for the return or reversion of property in specified circumstances.

The Administration of Justice (Scotland) Act 1933 is amended as follows.

In section 23(1) (appointment of clerks in the Court of Justiciary), for “Scottish Ministers and shall be exercised after consultation with the Lord Justice General” substitute “ Scottish Court Service ”.

The Sheriff Courts and Legal Officers (Scotland) Act 1927 is amended as follows.

In section 2 (appointment of sheriff clerk and procurator fiscal deputes), for “Secretary of State” substitute “ Scottish Court Service ”.

In section 3 (whole-time sheriff clerks and procurators fiscal and deputes), for “Secretary of State”, in both places those words appear, substitute “ Scottish Court Service ”.

In section 4 (vacancy in office of sheriff clerk, procurator fiscal or deputes), for “Secretary of State” substitute “ Scottish Court Service ”.

In section 9 (deputation by sheriff clerk or procurator fiscal), for “Secretary of State” substitute “ Scottish Court Service ”.

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 is amended as follows.