Judiciary and Courts (Scotland) Act 2008

Judicial conduct

28Rules about investigations etc.

(1)The Lord President may by rules make provision for or in connection with—

(a)the investigation and determination of any matter concerning the conduct of judicial office holders,

(b)reviews of any such determinations.

(2)Rules under subsection (1) may in particular contain provision about—

(a)circumstances in which an investigation must or may be undertaken,

(b)the making of complaints,

(c)steps to be taken by a complainant before a complaint is to be investigated,

(d)the conduct of an investigation (including in particular steps to be taken by the office holder under investigation or by a complainant or other person),

(e)time limits for taking any step and procedures for extending time limits,

(f)persons by whom an investigation or part of an investigation is to be conducted,

(g)matters to be determined by the person conducting an investigation (or part of an investigation), the Lord President or any other person,

(h)the making of recommendations by persons conducting investigations (or parts of investigations),

(i)the obtaining of information relating to complaints,

(j)the keeping of records of investigations,

(k)confidentiality of communications or proceedings,

(l)the publication of information or its provision to any person.

(3)Rules under subsection (1)—

(a)may make different provision for different cases,

(b)are to be published in such manner as the Lord President may determine.

29Powers of Lord President

(1)Where subsection (2) applies in relation to a judicial office holder, the Lord President may, for disciplinary purposes, give the judicial office holder—

(a)formal advice,

(b)a formal warning, or

(c)a reprimand.

(2)This subsection applies where—

(a)an investigation has been carried out in accordance with rules under section 28(1), and

(b)the person carrying out the investigation has recommended that the Lord President exercise a power mentioned in subsection (1).

(3)This section does not restrict what the Lord President may do—

(a)informally,

(b)for other purposes, or

(c)where any advice or warning is not given to a particular judicial office holder.