Part 2The judiciary
Chapter 3Judicial appointments
Judicial Appointments Board for Scotland
11Recommendations of the Board
1
The relevant Minister may—
a
appoint an individual to a judicial office within the Board’s remit, or
b
nominate or recommend an individual for appointment to such an office,
only if the Board has recommended the individual for appointment to the office.
2
Subsection (3) applies where—
a
the Board has recommended an individual for appointment, and
b
the relevant Minister has decided not to accept the recommendation.
3
The relevant Minister must give the Board notice of the decision.
4
The notice must include the reasons for the decision.
5
On receipt of the notice, the Board must—
a
reconsider its recommendation, and
b
make a further recommendation (whether of the same or a different individual).
6
In this section references to the relevant Minister are—
a
where the First Minister has the function of making appointments to the judicial office concerned, or nominating or recommending individuals for appointment to the office, references to the First Minister,
b
where the Scottish Ministers have that function, references to the Scottish Ministers.