Part I Constitution, Organisation and Administration

F1Consideration of fitness for, and removal from, shrieval office

Annotations:
Amendments (Textual)
F1

Ss. 12A-12F and cross-heading substituted (20.2.2010 for the insertion of s. 12C(5) and 1.4.2010 otherwise) for s. 12 by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 40, 76; S.S.I. 2010/39, art. 2, Sch. (with art. 3)

12ATribunal to consider fitness for shrieval office

1

The First Minister—

a

must, when requested to do so by the Lord President of the Court of Session, and

b

may, in such other circumstances as the First Minister thinks fit,

constitute a tribunal to investigate and report on whether a person holding a shrieval office to which this section applies is unfit to hold the office by reason of inability, neglect of duty or misbehaviour.

2

The shrieval offices to which this section applies are—

a

the office of sheriff principal,

b

the office of sheriff, and

c

the office of part-time sheriff.

3

The First Minister may constitute a tribunal under subsection (1)(b) above only if the Lord President has been consulted.

4

A tribunal constituted under this section is to consist of—

a

one individual who is a qualifying member of the Judicial Committee of the Privy Council,

b

one individual who holds the relevant shrieval office,

c

one individual who is, and has been for at least 10 years, an advocate or a solicitor, and

d

one individual who is not (and never has been) a qualifying member of the Judicial Committee of the Privy Council, who does not hold (and never has held) a shrieval office to which this section applies and who is not (and never has been) an advocate or solicitor.

5

A qualifying member of the Judicial Committee of the Privy Council is someone who is a member of that Committee by virtue of section 1(2)(a) of the Judicial Committee Act 1833 (c. 41) (that is, someone who is a member of the Privy Council who holds, or has held, high judicial office).

6

The relevant shrieval office is—

a

where the investigation is to be of a person's fitness to hold the office of sheriff principal, that office,

b

where the investigation is to be of a person's fitness to hold the office of sheriff or part-time sheriff, the office of sheriff.

7

The selection of persons to be members of a tribunal under this section is to be made by the First Minister, with the agreement of the Lord President of the Court of Session.

8

The person mentioned in subsection (4)(a) is to chair the tribunal and has a casting vote.