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Proposals For A Judiciary (Scotland) Bill

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CHAPTER 5 ADMINISTRATIVE RESPONSIBILITIES FOR JUDGES

What was proposed?

5.1 In Chapter 5 of the consultation paper we welcomed the Lord President's initiative to delegate aspects of the management of the day to day business before the superior courts to a judge. We recognised that the Lord President would require to delegate certain of his responsibilities for managing the business, and we invited views on whether creating a statutory administrative role for judges would be desirable.

What views were expressed in the consultation?

5.2 While there was general support for judges taking an active role in the management of business to reduce delay, there was little support for creating the kind of statutory role envisaged. The Lord President did not consider that it was necessary to have a statutory provision setting out administrative roles for judges in support of the Lord President, although a general provision making clear that the Lord President could delegate aspects of his responsibilities to judges would be appropriate. The judges observed that they operate as a collegiate body and the Lord President is able to obtain assistance from judges when required.

How do we intend to proceed?

5.3 In view of the comments we have received we do not propose to make any provision for an administrative role for judges. However, we will include within the provisions that establish new responsibilities for the Lord President a general power enabling him or her to delegate functions to judges.

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Page updated: Tuesday, February 13, 2007