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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, Paragraph 5 is up to date with all changes known to be in force on or before 17 August 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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5F1(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 F2......
[F3(2)A person's appointment as a temporary judge lasts for 5 years, subject to the following provisions of this paragraph and paragraph (9) below.
(3)A person's appointment as a temporary judge comes to an end on the date on which the person reaches the age of 70.
(4)Sub-paragraph (3) above is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (c.8) (power to authorise continuance in office up to the age of 75.
(5)A person's appointment as a temporary judge comes to an end if the person is removed from office under section 39 of the Judiciary Courts (Scotland) Act 2008 (asp 6) (temporary judges: removal from office).
(6)A person appointed as a temporary judge may resign at any time by giving notice to that effect to the Scottish Ministers.
(7)Where a person's appointment as a temporary judge comes to an end by virtue of sub-paragraph (2) above, the person is to be reappointed under the said section 35(3), unless—
(a)the person has declined reappointment,
(b)the person has reached the age of 70,
(c)the person has sat as a temporary judge on fewer than 50 days during the period of appointment, or
(d)the Lord President has recommended to the Scottish Ministers that the person should not be reappointed.
(8)A person whose appointment as a temporary judge comes to an end by resignation under sub-paragraph (6) above may be reappointed under the said section 35(3).
(9)The provisions of this paragraph, and paragraphs 6 to 11 below, apply to a reappointment as they apply to an appointment.]
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 .
F2 Words in Sch. 4 para. 5(1) repealed (1.6.2009) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 22(2), 76(1); S.S.I. 2009/192, art. 2, Sch.
F3 Sch. 4 para. 5(2)-(9) substituted for Sch. 4 para. 5(2) (1.6.2009) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 22(3), 76(1); S.S.I. 2009/192, art. 2, Sch.
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
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