Explanatory Notes

Scotland Act 1998

1998 CHAPTER 46

19th November 1998

Schedules

SCHEDULE 8, Paragraph 9: Lands Tribunal Act 1949

General

This amendment is related to several provisions concerning the remuneration of the senior judiciary.  Under Schedule 5 (Part II, Section L1) the determination of the remuneration of judges of the Court of Session, sheriffs and certain other senior judicial postholders including members of the Lands Tribunal for Scotland are a reserved matter.  Payment of the remuneration will, of course, be funded from the assigned budget of the Scottish Parliament.  Before devolution, most of these judicial salaries are a direct charge on the Consolidated Fund.  Under section 119 they became a direct charge on the Scottish Consolidated Fund.  The present amendment removes the anomaly that the remuneration of members of the Lands Tribunal is not a direct charge on the Consolidated Fund.

The determination of judicial pensions is also reserved (Part II, Section F3), which allows Scottish judges to continue to receive pensions under the UK pension schemes.