Part 2The judiciary

Chapter 1Head of the Scottish Judiciary

I12Head of the Scottish Judiciary

I21

The Lord President is the Head of the Scottish Judiciary.

2

As Head of the Scottish Judiciary the Lord President is responsible—

I3a

for making and maintaining arrangements for securing the efficient disposal of business in the Scottish courts,

b

for representing the views of the Scottish judiciary to the Scottish Parliament and the Scottish Ministers,

c

for laying before the Scottish Parliament written representations on matters that appear to the Head of the Scottish Judiciary to be matters of importance relating to—

i

the Scottish judiciary, or

ii

the administration of justice,

I3d

for making and maintaining appropriate arrangements for the welfare, training and guidance of judicial office holders, and

I3e

for making and maintaining, in accordance with section 28, appropriate arrangements for—

i

the investigation and determination of any matter concerning the conduct of judicial office holders, and

ii

the review of such determinations.

I43

If, in carrying out the responsibility mentioned in subsection (2)(a), the Lord President gives a direction of an administrative character to a sheriff principal, the sheriff principal must comply with the direction.

I44

In carrying out the responsibility for making and maintaining arrangements for training mentioned in subsection (2)(d) the Lord President must require any judicial office holder, or class of judicial office holder, to attend such training as the Lord President determines.

I25

References in this section to the Scottish judiciary are references to the judiciary of any court established under the law of Scotland (other than the Supreme Court of the United Kingdom).

I26

In this section, “the Scottish courts” means—

a

the Court of Session,

b

the High Court of Justiciary,

c

the court for hearing appeals under section 57(1)(b) of the Representation of the People Act 1983 (c. 2),

d

the election court in Scotland constituted under section 123 of that Act,

e

the Lands Valuation Appeal Court,

f

the sheriff courts,

g

justice of the peace courts, and

h

such other courts as the Scottish Ministers may by order specify.

I47

Before making an order under subsection (6)(h), the Scottish Ministers must consult the Lord President.