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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, Cross Heading: Temporary judges is up to date with all changes known to be in force on or before 05 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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F15[F2(1)]Any person who is eligible under—S
(a)paragraph 1 above; or
(b)any other enactment,
for appointment as a judge of the Court of Session may be appointed as a temporary judge under section 35(3) of this Act for such period as the [F3Scottish Ministers] may determine, but, subject to paragraph 9 below, no such appointment shall extend beyond the date on which the person reaches the age of [F470 years].
[F2(2)Sub-paragraph (1) above is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).]
Textual Amendments
F1 Sch. 4 para. 5 renumbered as Sch. 4 para. 5(1) (31.3.1995) by 1993 c. 8 , s. 26 , Sch. 6 para. 6(2) (with Sch. 7 paras. 2(2) , 3(2) , 4 ); S.I. 1995/631 , art. 2 .
F2Sch. 4 para. 5(2) added (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 6(2) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.
F3Words in Sch. 4 para. 5(1) substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 101(4)(a)
F4Words in Sch. 4 para. 5(1) substituted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para. 6(1) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2.
Commencement Information
I1 Sch. 4 para. 5 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822 , art. 3 , Sch edule
6SSubject to paragraph 7 below, a person appointed as a temporary judge under the said section 35(3) shall, while so acting, be treated for all purposes as, and accordingly may perform any of the functions of, a judge of the Court in which he is acting.
Commencement Information
I2Sch. 4 para. 6 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule
7SSubject to paragraph 8 below, a person shall not, by virtue of paragraph 6 above, be treated as a judge of the Court of Session for the purposes of any other enactment or rule of law relating to—
(a)the appointment, tenure of office, retirement, removal or disqualification of judges of that Court, including, without prejudice to the generality of the foregoing, any enactment or rule of law relating to the number of judges who may be appointed; and
(b)the remuneration, allowances or pensions of such judges.
Commencement Information
I3Sch. 4 para. 7 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule
8SA person appointed to be a temporary judge of the Court of Session shall, by virtue of such appointment, be a temporary Lord Commissioner of Justiciary in Scotland.
Commencement Information
I4Sch. 4 para. 8 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule
9SNotwithstanding the expiry of any period for which a person is appointed under the said section 35(3) to act as a judge—
(a)he may attend at the Court of Session or the High Court of Justiciary for the purpose of continuing to deal with, giving judgment in, or dealing with any matter relating to, any case begun before him while acting as a judge of either Court; and
(b)for that purpose, and for the purpose of any proceedings arising out of any such case or matter, he shall be treated as being or, as the case may be, having been, a judge of the relevant Court.
Commencement Information
I5Sch. 4 para. 9 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule
10SThe [F5Scottish Ministers] may pay to a person appointed under the said section 35(3) such remuneration [F5as they may determine].
Textual Amendments
F5Words in Sch. 4 para. 10 substituted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 101(4)(b)
Commencement Information
I6Sch. 4 para. 10 wholly in force at 1.4.1991 see s. 75(2) and S.I. 1991/822, art. 3, Schedule
11SThe appointment of a person to act as a temporary judge under the said section 35(3) is without prejudice to—
(a)any appointment held by him as a sheriff principal or sheriff; or
(b)his continuing with any business or professional occupation not inconsistent with his acting as a judge.
Commencement Information
I7Sch. 4 para. 11 wholly in force at 1.4.1991 see s. 75(2) and S.I 1991/822, art. 3, Schedule
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