Search Legislation

Bail, Judicial Appointments etc. (Scotland) Act 2000

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 7

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Bail, Judicial Appointments etc. (Scotland) Act 2000, Section 7. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

7 Creation of part-time sheriffsS

This section has no associated Explanatory Notes

After section 11 of the 1971 Act there is inserted—

11A Appointment of part-time sheriffs

(1)The Scottish Ministers may, under this section, appoint persons to act as sheriffs, and persons so appointed shall be known as “part-time sheriffs”.

(2)In making those appointments, the Scottish Ministers shall comply with such requirements as to procedure and consultation as may be prescribed by regulations made by them.

(3)A person shall not be appointed a part-time sheriff unless qualified under section 5(1) of this Act to be appointed to the office of sheriff.

(4)A part-time sheriff shall, without the necessity of receiving a commission in that behalf, be entitled to exercise in every sheriffdom the jurisdiction and powers attaching to the office of sheriff.

(5)The number of persons holding appointments as part-time sheriffs shall not, at any one time, exceed 60 or such other number as may be fixed in substitution by order made by the Scottish Ministers.

(6)A part-time sheriff shall be subject to such instructions, arrangements and other provisions as fall to be made under this Act by the sheriff principal of the sheriffdom in which the part-time sheriff is sitting.

(7)In the performance of their functions under this Act, sheriffs principal shall together have regard to the desirability of securing that every part-time sheriff—

(a)is given the opportunity of sitting on not fewer than 20 days; and

(b)does not sit for more than 100 days,

in each successive period of 12 months beginning with the day of the part-time sheriff’s appointment as such.

(8)The Scottish Ministers shall pay to part-time sheriffs such remuneration and allowances as they determine.

11B Limitation, termination etc. of appointment of part-time sheriffs

(1)An appointment as a part-time sheriff shall, subject to subsections (2) to (4) below, last for 5 years.

(2)A part-time sheriff may resign at any time by giving notice to that effect to the Scottish Ministers.

(3)An appointment of a person as a part-time sheriff shall not extend beyond the day when the person reaches the age of 70.

(4)A part-time sheriff’s appointment shall come to an end upon the part-time sheriff’s being removed from office under section 11C of this Act.

(5)A part-time sheriff whose appointment comes to an end by operation of subsection (1) above may be reappointed and, except in the circumstances set out in subsection (6) below, shall be reappointed.

(6)The circumstances mentioned in subsection (5) above are that—

(a)the part-time sheriff has declined that reappointment;

(b)the part-time sheriff is aged 69 or over;

(c)a sheriff principal has made a recommendation to the Scottish Ministers against the reappointment;

(d)the part-time sheriff has not sat for a total of 50 or more days in the preceding five year period; or

(e)the Scottish Ministers have, since the part-time sheriff was last appointed, made an order under section 11A(5) of this Act reducing the number of persons who may hold appointment as part-time sheriffs.

(7)A part-time sheriff whose appointment comes to an end by resignation under subsection (2) above may be reappointed.

(8)The provisions of section 11A and this section of this Act apply to a reappointment under subsections (5) and (7) above as they apply to an appointment.

(9)A part-time sheriff who is a solicitor in practice shall not carry out any function as a part-time sheriff in a sheriff court district in which his or her main place of business as such solicitor is situated.

11C Removal of part-time sheriffs from office

(1)A part-time sheriff may be removed from office by and only by order of the tribunal constituted by and under subsection (3) below (“the tribunal”).

(2)The tribunal may order the removal from office of a part-time sheriff only if, after investigation carried out at the request of the Scottish Ministers, it finds that the part-time sheriff is unfit for office by reason of inability, neglect of duty or misbehaviour.

(3)The tribunal shall consist of the following three members, who shall be appointed by the Lord President of the Court of Session—

(a)either a Senator of the College of Justice or a sheriff principal (who shall preside);

(b)a person who is, and has been for at least ten years, legally qualified within the meaning of section 5(1) of this Act; and

(c)one other person.

(4)Regulations, made by the Scottish Ministers—

(a)may make provision enabling the tribunal, at any time during an investigation, to suspend a part-time sheriff from office and providing as to the effect and duration of such suspension; and

(b)shall make such further provision as respects the tribunal as the Scottish Ministers consider necessary or expedient, including provision for the procedure to be followed by and before it.

11D Regulations and orders under sections 11A and 11C

(1)Regulations under section 11A or section 11C and orders under section 11A of this Act shall be made by statutory instrument.

(2)No such regulations or order shall be made unless laid in draft before, and approved by a resolution of, the Scottish Parliament..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources