Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)

SCHEDULES

Section 35.

SCHEDULE 4 S Judicial Appointments

Appointments of sheriffs principal, sheriffs and solicitors as judges of the Court of Session S

1 S The following categories of person shall, in accordance with this paragraph and paragraphs 2 and 3 below, be eligible to be appointed as judges of the Court of Session—

(a) sheriffs principal and sheriffs who have held office as such for a continuous period of not less than 5 years; and

(b) solicitors who, by virtue of section 25A (rights of audience) of the M1 Solicitors (Scotland) Act 1980, have for a continuous period of not less than 5 years had a right of audience in [F1 either] the Court of Session [F2 or] the High Court of Justiciary.

Textual Amendments

F1 Word in Sch. 4 para. 1(b) substituted (1.6.2009) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 21(a), 76(1); S.S.I. 2009/192, art. 2, Sch.

F2 Word in Sch. 4 para. 1(b) substituted (1.6.2009) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 21(b), 76(1); S.S.I. 2009/192, art. 2, Sch.

Commencement Information

I1 Sch. 4 para. 1 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule

Marginal Citations

M1 1980 c. 46.

2 S Paragraph 1(a) above shall not confer any eligibility for appointment as a judge of the Court of Session on a temporary sheriff principal or sheriff appointed under section 11 (temporary sheriffs principal and sheriffs) of the M2 Sheriff Courts (Scotland) Act 1971 who is not otherwise eligible for appointment as a judge of the Court of Session.

Commencement Information

I2 Sch. 4 para. 2 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule

Marginal Citations

M2 1971 c. 58.

3 S Paragraphs 1 and 2 above are without prejudice to any eligibility to be appointed as a judge of the Court of Session conferred on any category of persons by any other enactment.

Commencement Information

I3 Sch. 4 para. 3 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule

Further provision as to Inner House and exchequer causes S

4 (1) The M3 Court of Session Act 1988 shall be amended as follows. S

(2) In section 2 (composition of court)—

(a) in subsection (3), for the words “the senior judge present shall preside and shall” there shall be substituted the words “ shall direct one of those judges to preside and to ”; and

(b) for subsection (6) there shall be substituted the following subsection—

“(6) Subject to subsection (7) below, where a vacancy arises in a Division of the Inner House the Lord President and the Lord Justice Clerk, with the consent of the Secretary of State and after such consultation with judges as appears to them to be appropriate in the particular circumstances, shall appoint a Lord Ordinary to fill that vacancy.”.

(3) In section 3 (exchequer causes), for the words “Court by Act of Sederunt” there shall be substituted the words “ Lord President ”.

Commencement Information

I4 Sch. 4 para. 4 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule

Marginal Citations

M3 1988 c. 36.

Temporary judges S

5 F3 (1) Any person who is eligible under— S

(a) paragraph 1 above; or

(b) any other enactment,

for appointment as a judge of the Court of Session may be appointed as a temporary judge under section 35(3) of this Act F4 ......

[F5 [F6 (2) A person's appointment as a temporary judge lasts for 5 years, subject to the following provisions of this paragraph and paragraph (9) below.]

(3) A person's appointment as a temporary judge comes to an end on the date on which the person reaches the age of 70.

(4) Sub-paragraph (3) above is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (c.8) (power to authorise continuance in office up to the age of 75.

(5) A person's appointment as a temporary judge comes to an end if the person is removed from office under section 39 of the Judiciary Courts (Scotland) Act 2008 (asp 6) (temporary judges: removal from office).

(6) A person appointed as a temporary judge may resign at any time by giving notice to that effect to the Scottish Ministers.

(7) Where a person's appointment as a temporary judge comes to an end by virtue of sub-paragraph (2) above, the person is to be reappointed under the said section 35(3), unless—

(a) the person has declined reappointment,

(b) the person has reached the age of 70,

(c) the person has sat as a temporary judge on fewer than 50 days during the period of appointment, or

(d) the Lord President has recommended to the Scottish Ministers that the person should not be reappointed.

(8) A person whose appointment as a temporary judge comes to an end by resignation under sub-paragraph (6) above may be reappointed under the said section 35(3).

(9) The provisions of this paragraph, and paragraphs 6 to 11 below, apply to a reappointment as they apply to an appointment.]

Textual Amendments

F3 Sch. 4 para. 5 renumbered as Sch. 4 para. 5(1) (31.3.1995) by 1993 c. 8 , s. 26 , Sch. 6 para. 6(2) (with Sch. 7 paras. 2(2) , 3(2) , 4 ); S.I. 1995/631 , art. 2 .

F4 Words in Sch. 4 para. 5(1) repealed (1.6.2009) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 22(2), 76(1); S.S.I. 2009/192, art. 2, Sch.

F5 Sch. 4 para. 5(2) added (31.3.1995) by 1993 c. 8 , s. 26 , Sch. 6 para. 6(2) (with Sch. 7 paras. 2(2) , 3(2) , 4 ); S.I. 1995/631 , art. 2 .

F6 Sch. 4 para. 5(2)-(9) substituted for Sch. 4 para. 5(2) (1.6.2009) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 22(3), 76(1); S.S.I. 2009/192, art. 2, Sch.

Commencement Information

I5 Sch. 4 para. 5 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822 , art. 3 , Sch edule

6 S Subject to paragraph 7 below, a person appointed as a temporary judge under the said section 35(3) shall, while so acting, be treated for all purposes as, and accordingly may perform any of the functions of, a judge of the Court in which he is acting.

Commencement Information

I6 Sch. 4 para. 6 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule

7 S Subject to paragraph 8 below, a person shall not, by virtue of paragraph 6 above, be treated as a judge of the Court of Session for the purposes of any other enactment or rule of law relating to—

(a) the appointment, tenure of office, retirement, removal or disqualification of judges of that Court, including, without prejudice to the generality of the foregoing, any enactment or rule of law relating to the number of judges who may be appointed; and

(b) the remuneration, allowances or pensions of such judges.

Commencement Information

I7 Sch. 4 para. 7 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule

8 S A person appointed to be a temporary judge of the Court of Session shall, by virtue of such appointment, be a temporary Lord Commissioner of Justiciary in Scotland.

Commencement Information

I8 Sch. 4 para. 8 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule

9 S Notwithstanding the expiry of any period for which a person is appointed under the said section 35(3) to act as a judge—

(a) he may attend at the Court of Session or the High Court of Justiciary for the purpose of continuing to deal with, giving judgment in, or dealing with any matter relating to, any case begun before him while acting as a judge of either Court; and

(b) for that purpose, and for the purpose of any proceedings arising out of any such case or matter, he shall be treated as being or, as the case may be, having been, a judge of the relevant Court.

Commencement Information

I9 Sch. 4 para. 9 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule

10 S The [F7 Scottish Court Service] may pay to a person appointed under the said section 35(3) such remuneration [F8 as [F9 the Scottish Ministers] may determine].

Textual Amendments

F7 Words in Sch. 4 para. 10 substituted (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 64(4)(a), 76(1); S.S.I. 2010/39, art. 2(b), Sch.

F8 Words in Sch. 4 para. 10 substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 101(4)(b)

F9 Words in Sch. 4 para. 10 substituted (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 64(4)(b), 76(1); S.S.I. 2010/39, art. 2(b), Sch.

Commencement Information

I10 Sch. 4 para. 10 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule

11 S The appointment of a person to act as a temporary judge under the said section 35(3) is without prejudice to—

(a) any appointment held by him as a sheriff principal or sheriff; or

(b) his continuing with any business or professional occupation not inconsistent with his acting as a judge.

Commencement Information

I11 Sch. 4 para. 11 wholly in force at 1.4.1991 see s. 75(2) and S.I 1991/822, art. 3, Schedule

Amendments to the Small Landholders (Scotland) Act 1911 (c.49) S

F10 12 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Sch. 4 para. 12 repealed (5.1.1994) by 1993 c. 45, s. 2(2)(3), Sch.2.