Part I Constitution, Organisation and Administration
F1Consideration of fitness for, and removal from, shrieval office
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.
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)