(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)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)A person shall not be appointed a part-time sheriff unless
[F3(a)the person is] qualified under section 5(1) of this Act to be appointed to the office of sheriff [F4 and
(b)the Scottish Ministers have consulted the Lord President of the Court of Session about the proposed appointment.]
(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 [F580] 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 [F6Scottish Court Service] shall pay to part-time sheriffs such remuneration and allowances as [F7the Scottish Ministers] determine.]
Textual Amendments
F1Ss. 11A-11D inserted (9.8.2000) by 2000 asp 9, s. 7
F2S. 11A(2) repealed (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp. 6), ss. 73, 76, Sch. 5 para. 2(2); S.S.I. 2010/39, art. 2(b), Sch.
F3Words in s. 11A(3) inserted (1.6.2009) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 26(a), 76; S.S.I. 2009/192, art. 2, Sch.
F4S. 11A(3)(b) and word added (1.6.2009) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 26(b), 76; S.S.I. 2009/192, art. 2, Sch.
F5Word in s. 11A(5) substituted (10.5.2006) by The Maximum Number of Part-Time Sheriffs (Scotland) Order 2006 (S.S.I. 2006/257), arts. 1, 2
F6Words in s. 11A(8) substituted (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 64(2)(a), 76; S.S.I. 2010/39, art. 2(b), Sch.
F7Words in s. 11A(8) substituted (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 64(2)(b), 76; S.S.I. 2010/39, art. 2(b), Sch.