Part I Constitution, Organisation and Administration
F1Consideration of fitness for, and removal from, shrieval office
12ERemoval from office
1
Where subsection (2) applies, the First Minister may remove a person from the office of sheriff principal, sheriff or part-time sheriff.
2
This subsection applies if—
a
a tribunal constituted under section 12A has reported to the First Minister that the person is unfit to hold that office by reason of inability, neglect of duty or misbehaviour, and
b
the First Minister has laid the report before the Scottish Parliament.
3
The First Minister may remove a sheriff principal or sheriff under subsection (1) only by order made by statutory instrument.
4
Such a statutory instrument—
a
is to be subject to annulment in pursuance of a resolution of the Scottish Parliament,
b
is not to be made so as to come into effect before the expiry, in relation to the instrument, of the period of 40 days mentioned in article 11 of the Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999 (S.I. 1999/1096).
5
Article 10 of that Order applies to such an instrument subject to the following modifications—
a
the reference to the period of 21 days in paragraph (2) is to be read as a reference to 40 days, and
b
paragraph (3) does not apply.
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)