Part IS Constitution, Organisation and Administration

Functions of the Secretary of State in relation to sheriffs principal, sheriffs, etc.S

Valid from 09/08/2000

[F111A Appointment of part-time sheriffsS

(1)The Scottish Ministers may, under this section, appoint persons to act as sheriffs, and persons so appointed shall be known as “part-time sheriffs”.

(2)In making those appointments, the Scottish Ministers shall comply with such requirements as to procedure and consultation as may be prescribed by regulations made by them.

(3)A person shall not be appointed a part-time sheriff unless qualified under section 5(1) of this Act to be appointed to the office of sheriff.

(4)A part-time sheriff shall, without the necessity of receiving a commission in that behalf, be entitled to exercise in every sheriffdom the jurisdiction and powers attaching to the office of sheriff.

(5)The number of persons holding appointments as part-time sheriffs shall not, at any one time, exceed 60 or such other number as may be fixed in substitution by order made by the Scottish Ministers.

(6)A part-time sheriff shall be subject to such instructions, arrangements and other provisions as fall to be made under this Act by the sheriff principal of the sheriffdom in which the part-time sheriff is sitting.

(7)In the performance of their functions under this Act, sheriffs principal shall together have regard to the desirability of securing that every part-time sheriff—

(a)is given the opportunity of sitting on not fewer than 20 days; and

(b)does not sit for more than 100 days,

in each successive period of 12 months beginning with the day of the part-time sheriff’s appointment as such.

(8)The Scottish Ministers shall pay to part-time sheriffs such remuneration and allowances as they determine.]

Textual Amendments

F1Ss. 11A-11D inserted (9.8.2000) by 2000 asp 9, s. 7