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Proposals For A Judiciary (Scotland) Bill

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Judiciary (Scotland) Bill
DRAFT

Contents

Section

Part 1
Judicial independence

1 Guarantee of continued judicial independence

Part 2
Judicial appointments

Judicial Appointments Board for Scotland

2 The Judicial Appointments Board for Scotland
3 Functions of the Board
4 Judicial offices within the Board's remit
5 Independence of the Board
6 Selection to be on merit and good character
7 Encouragement of diversity
8 Guidance
9 Confidentiality of information
10 Annual report

Appointment of Lord President and Lord Justice Clerk

11 Appointment of Lord President and Lord Justice Clerk
12 Selection to be on merit and good character

Re-employment of retired judges and sheriffs

13 Re-employment of retired judges
14 Re-employment of retired sheriffs principal and sheriffs

Part 3
Removal of judges and sheriffs

Judges

15 Tribunal to consider fitness for judicial office
16 Suspension during investigation
17 Further provision about tribunals
18 Report of tribunal
19 Temporary judges: removal from office

Sheriffs

20 Consideration of fitness for, and removal from, shrieval office

Part 4
Senior Judiciary: vacancy, incapacity and suspension

21 Functions of the Lord President during vacancy, incapacity or suspension
22 Functions of the Lord Justice Clerk during vacancy, incapacity or suspension
23 Sections 21 and 22: supplementary
24 Sections 21 to 23: interpretation

Part 5
General provisions

25 Consequential modifications
26 Interpretation
27 Commencement and short title

Schedule 1 - The Judicial Appointments Board for Scotland
Schedule 2 - Panels established under section 11(2)

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Page updated: Tuesday, February 13, 2007