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Proposals For A Judiciary (Scotland) Bill

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Judiciary (Scotland) Bill

An Act of the Scottish Parliament to make provision about the judiciary (including provision for the purposes of section 95(8) and (9) of the Scotland Act 1998 (c.46)).

Part 1

Judicial independence

1 Guarantee of continued judicial independence

(1) The following persons must uphold the continued independence of the judiciary-

(a) the First Minister,

(b) the Lord Advocate,

(c) the Scottish Ministers, and

(d) all with responsibility for matters relating to the judiciary or otherwise to the administration of justice, where that responsibility is to be discharged only in or as regards Scotland.

(2) The First Minister, the Lord Advocate and the Scottish Ministers must, in particular, under subsection (1), not seek to influence particular judicial decisions through any special access to the judiciary.

(3) In this section "the judiciary" means the judiciary of-

(a) the Supreme Court, or

(b) any other court established under the law of Scotland.

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Page updated: Tuesday, February 13, 2007