Part I Constitution, Organisation and Administration
Functions of the Secretary of State in relation to sheriffs principal, sheriffs, etc.
11 Secretary of State may appoint temporary sheriffs principal and sheriffs.
F1C11
Where a vacancy occurs in the office of sheriff principal of any sheriffdom the F2Scottish Ministers must, if the Lord President of the Court of Session so requests, appoint a person to act as sheriff principal of the sheriffdom.
F31ZA
The Lord President may request the appointment of a person to act as a sheriff principal under subsection (1) only if it appears to him expedient that such an appointment be made in order to avoid delay in the administration of justice in the sheriffdom concerned.
1A
Where the sheriff principal of any sheriffdom is unable to perform, or rules that he is precluded from performing, all of, or some part of, his duties as sheriff principal the F4Scottish Ministers must, if the Lord President so requests, appoint a person to act as sheriff principal of the sheriffdom, or as the case may be to perform that part of the duties of the sheriff principal.
1B
A person appointed under subsection (1) or (1A) above shall be known as a temporary sheriff principal.
F52
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3
A person shall not be appointed to be a temporary sheriff principal F6. . . unless he is legally qualified, and has been so qualified—
a
F7. . . for at least ten years;
F8b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of this subsection, a person shall be legally qualified if he is an advocate or a solicitor.
4
F114ZA
The Scottish Ministers must comply with any request made by the Lord President under subsection (4) above.
F124A
No appointment under this section of a person to be a temporary sheriff principal F13. . . shall extend beyond the day on which the person reaches the age of 70.
4B
Subsection (4A) above is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).
5
6
A person appointed to be temporary sheriff principal of, F17. . .any sheriffdom shall for the purposes of his appointment, without the necessity of his receiving a commission in that behalf, have and be entitled to exercise the jurisdiction and powers attaching to the office of sheriff principal F17. . . in that sheriffdom.
7
The appointment of any person holding the office of sheriff to be a temporary sheriff principal shall not affect the commission held by that person as sheriff, but he shall not, while his appointment as a temporary sheriff principal subsists, perform any duties by virtue of the said commission.