(1)An appointment as a part-time sheriff shall, subject to subsections (2) to (4) below, last for 5 years.
(2)A part-time sheriff may resign at any time by giving notice to that effect to the Scottish Ministers.
[F2(3)A part-time sheriff’s appointment comes to an end when the part-time sheriff retires from office.]
(4)A part-time sheriff’s appointment shall come to an end upon the part-time sheriff’s being removed from office under [F3section 12E] of this Act.
(5)A part-time sheriff whose appointment comes to an end by operation of subsection (1) above may be reappointed and, except in the circumstances set out in subsection (6) below, shall be reappointed.
(6)The circumstances mentioned in subsection (5) above are that—
(a)the part-time sheriff has declined that reappointment;
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)a sheriff principal has made a recommendation to the Scottish Ministers against the reappointment;
(d)the part-time sheriff has not sat for a total of 50 or more days in the preceding five year period; or
(e)the Scottish Ministers have, since the part-time sheriff was last appointed, made an order under section 11A(5) of this Act reducing the number of persons who may hold appointment as part-time sheriffs.
(7)A part-time sheriff whose appointment comes to an end by resignation under subsection (2) above may be reappointed.
(8)The provisions of section 11A and this section of this Act apply to a reappointment under subsections (5) and (7) above as they apply to an appointment.
(9)A part-time sheriff who is a solicitor in practice shall not carry out any function as a part-time sheriff in a sheriff court district in which his or her main place of business as such solicitor is situated.
Textual Amendments
F1Ss. 11A-11D inserted (9.8.2000) by 2000 asp 9, s. 7
F2S. 11B(3) substituted (30.5.2014) by The Judicial Pensions and Retirement Act 1993 (Part-time Sheriff, Stipendiary Magistrate and Justice of the Peace) Order 2014 (S.S.I. 2014/155), arts. 1(2), 3(2)(a)
F3Words in s. 11B(4) substituted (1.4.2010) by The Judiciary and Courts (Scotland) Act 2008 (Consequential Modifications) Order 2009 (S.S.I. 2009/334), arts. 1(4), 3(1); S.S.I. 2010/39, art. 2(b), Sch.