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Scottish Statutory Instruments
2009 No.SCOTTISH COURT SERVICE
The Scottish Court Service (Procedure for Appointment of Members) Regulations 2009
Made - - - -
Laid before the Scottish Parliament
Coming into force - -
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 71(2) of and paragraphs3(2) and (3) of Schedule 3 to the Judiciary and Courts (Scotland) Act 2008( a) and all other powers enabling them to do so.
In accordance with paragraph 3(4) of Schedule 3 to that Act they have consulted the Lord President.
Citation, commencement and interpretation
1.-(1)These Regulations may be cited as the Scottish Court Service (Procedure for Appointment of Members) Regulations 2009 and come into force on [] 2009.
(2) In these Regulations "the Act" means the Judiciary and Courts (Scotland) Act 2008.
Selection for appointment
2. -(1)The first appointed members of the Scottish Court Service listed in paragraph 2(2)(e) and (f) and (3)(a), (b) and (d) of Schedule 3 to the Act shall be selected for appointment by a panel comprising of-
(a) the most senior judge of the Inner House of the Court of Session after the Lord President and Lord Justice Clerk;
(b) the Sheriff Principal of Lothian and Borders; and
(c) the chair of Consumer Focus Scotland.
(2) Where any of the panel members in paragraph (1) are unavailable they shall be substituted by the person acting in that position in their absence.
(3) Thereafter those members of the Scottish Court Service shall be selected for appointment by a panel comprising of the following members of the Scottish Court Service-
(a) the judge;
(b) the Sheriff Principal; and
(c) the longest serving lay member.(4) Where either of the members listed in subparagraphs (3)(a) and (b) is unavailable he or she shall be substituted by the longest serving sheriff member.
(5) Where the member listed in subparagraph (3)(c) is unavailable he or she shall be substituted by the second longest serving lay member.
(6) The Lord President shall invite applications to be made to the panel by-
(a) notifying all sheriffs of a vacancy for a member listed in paragraph 2(2)(e) of Schedule 3 to the Act;
(b) notifying all justices of the peace of a vacancy for a member listed in paragraph 2(2)(f) of Schedule 3 to the Act;
(c) notifying the Faculty of Advocates of a vacancy for a member listed in paragraph 2(3)(a) of Schedule 3 to the Act;
(d) notifying the Law Society of Scotland of a vacancy for a member listed in paragraph 2(3)(b) of Schedule 3 to the Act;
(e) advertising the vacancies for the members listed in paragraph 2(3)(a) and (b) of Schedule 3 to the Act in the appropriate professional journals;
(f) publicly advertising the vacancies for the members listed in paragraph 2(3)(c) of Schedule 3 to the Act.
(7) The applications must be in writing.
(8) The panel shall consider the written applications and select persons for interview.
(9) The panel shall select persons suitable for appointment on the basis of an interview.
(10) [For the avoidance of doubt] the panel may select for appointment more persons than are required to be appointed in each category of membership.
(11) The panel shall notify the Lord President of persons selected for appointment.
(12) Where the panel selects for appointment more persons than are required to be appointed in each category of membership they shall notify the Lord President of their order of preference for appointment.
Nomination for appointment
3.- (1) The Lord President shall notify persons holding the office of judge of the Court of Session and of sheriff principal of their respective vacancies in the Scottish Court Service.
(2) Persons holding the office of judge of the Court of Session may nominate themselves or others for appointment as the member listed in paragraph 2(2)(c) or Schedule 3 to the 2008 Act.
(3) Persons holding the office of sheriff principal may nominate themselves or others for appointment as the member listed in paragraph 2(2)(d) of Schedule 3 to the 2008 Act."
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
2009
EXPLANATORY NOTE
(This note is not part of the Regulations)
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