Part I Constitution, Organisation and Administration
F1Consideration of fitness for, and removal from, shrieval office
12BSuspension during investigation
1
Where the Lord President of the Court of Session has requested that the First Minister constitute a tribunal under section 12A, the Lord President may, at any time before the tribunal reports to the First Minister, suspend the person who is to be, or is, the subject of the investigation, from office.
2
Such a suspension lasts until the Lord President orders otherwise.
3
A tribunal constituted under section 12A may, at any time before the tribunal reports to the First Minister, recommend to the First Minister that the person who is the subject of the tribunal's investigation be suspended from office.
4
Such a recommendation must be in writing.
5
The First Minister, on receiving such a recommendation, may suspend the person from office.
6
Such a suspension lasts until the First Minister orders otherwise.
7
Suspension under this section from the office of sheriff principal or sheriff does not affect remuneration payable to, or in respect of, the office in respect of the period of suspension.
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)