SCHEDULE 1THE SCOTTISH SENTENCING COUNCIL

Procedure for appointment of members

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1

It is for the Lord Justice General, after consulting the Scottish Ministers, to appoint the members of the Council other than the Lord Justice Clerk and the lay members.

2

It is for the Scottish Ministers, after consulting the Lord Justice General, to appoint the lay members.

3

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

4

The regulations may—

a

in particular, make provision for or in connection with enabling a person to nominate or select persons suitable for appointment,

b

prescribe different procedures for different categories of membership.

5

The Scottish Ministers must consult the Lord Justice General before making the regulations.