Part 1Judicial independence
1Guarantee 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,
d
members of the Scottish Parliament, and
e
all other persons with responsibility for matters relating to—
i
the judiciary, or
ii
the administration of justice,
where that responsibility is to be discharged only in or as regards Scotland.
2
In particular, the First Minister, the Lord Advocate and the Scottish Ministers—
a
must not seek to influence particular judicial decisions through any special access to the judiciary, and
b
must have regard to the need for the judiciary to have the support necessary to enable them to carry out their functions.
3
In this section “the judiciary” means the judiciary of—
a
the Supreme Court of the United Kingdom,
b
any other court established under the law of Scotland, and
c
any international court.
4
In subsection (3)(c) “international court” means the International Court of Justice or any other court or tribunal which exercises jurisdiction, or performs functions of a judicial nature, in pursuance of—
a
an agreement to which the United Kingdom or Her Majesty’s Government in the United Kingdom is a party, or
b
a resolution of the Security Council or General Assembly of the United Nations.