Part IS Constitution, Organisation and Administration

Functions of the Secretary of State in relation to sheriffs principal, sheriffs, etc.S

9 Power of Secretary of State to give administrative directions.S

[F1(1)] For the purpose of securing the efficient organisation and administration of the sheriff courts and, in particular, the speedy and efficient disposal of business in those courts, the Secretary of State may give such directions of an administrative nature as appear to him to be necessary or expedient, and any sheriff principal or sheriff, and any officer or servant engaged in the administration of the sheriff courts, to whom a direction is given under this section shall, subject to the provisions of this Act, give effect to that direction.

[F2(2)In this section, “sheriff” does not include a part-time sheriff.]

10 Secretary of State may authorise sheriff principal or direct sheriff to act in another sheriffdom.S

[F3(1)Where a vacancy occurs in the office of sheriff principal of any sheriffdom the [F4Scottish Ministers] may, if it appears to [F4them] expedient so to do in order to avoid delay in the administration of justice in that sheriffdom, authorise the sheriff principal of any other sheriffdom to perform the duties of sheriff principal in the first-mentioned sheriffdom (in addition to his own duties) until the [F4Scottish Ministers] otherwise [F5decide].

(1A)Where the sheriff principal of any sheriffdom is unable to perform, or rules that he is precluded from performing, all of, or some part of, his duties as sheriff principal the [F6Scottish Ministers] may authorise the sheriff principal of any other sheriffdom to perform the duties of sheriff principal, or as the case may be that part of those duties, in the first-mentioned sheriffdom (in addition to his own duties) until the [F6Scottish Ministers] otherwise [F5decide].]

(2)Where as regards any sheriffdom—

(a)a sheriff is by reason of illness or otherwise unable to perform his duties as sheriff, or

(b)a vacancy occurs in the office of sheriff, or

(c)for any other reason it appears to the [F7Scottish Ministers]expedient so to do in order to avoid delay in the administration of justice in that sheriffdom,

the [F7Scottish Ministers] may direct a sheriff appointed for any other sheriffdom to perform, in accordance with the terms of the direction, the duties of sheriff in the first-mentioned sheriffdom (in addition to or in place of his own duties) until otherwise directed by the [F7Scottish Ministers], and any sheriff to whom a direction is given under this subsection shall give effect to that direction.

(3)A sheriff principal authorised, or a sheriff directed, under this section to perform duties in any sheriffdom shall for that purpose, without the necessity of his receiving a commission in that behalf, have and be entitled to exercise the jurisdiction and powers attaching to the office of sheriff principal or, as the case may be, sheriff in that sheriffdom.

(4)[F8The Scottish Ministers may], pay to a sheriff principal or a sheriff, in respect of any duties performed by that sheriff principal or sheriff (in addition to his own duties) in pursuance of an authority or direction under this section, such remuneration and allowances as may appear to the Secretary of State [F9,with the consent of the Treasury,] to be reasonable in all the circumstances.

(5)In this section “sheriff” does not include an honorary [F10or a part-time] sheriff.

11 Secretary of State may appoint temporary sheriffs principal and sheriffs.S

[F11(1)Where a vacancy occurs in the office of sheriff principal of any sheriffdom the [F12Scottish Ministers must, if the Lord President of the Court of Session so requests,] appoint a person to act as sheriff principal of the sheriffdom.

[F13(1ZA)The Lord President may request the appointment of a person to act as a sheriff principal under subsection (1) only if it appears to him expedient that such an appointment be made in order to avoid delay in the administration of justice in the sheriffdom concerned.]

(1A)Where the sheriff principal of any sheriffdom is unable to perform, or rules that he is precluded from performing, all of, or some part of, his duties as sheriff principal the [F14Scottish Ministers must, if the Lord President so requests,] appoint a person to act as sheriff principal of the sheriffdom, or as the case may be to perform that part of the duties of the sheriff principal.

(1B)A person appointed under subsection (1) or (1A) above shall be known as a temporary sheriff principal.]

F15(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A person shall not be appointed to be a temporary sheriff principal F16. . . unless he is legally qualified, and has been so qualified—

(a)F17. . . for at least ten years;

F18(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For the purposes of this subsection, a person shall be legally qualified if he is an advocate or a solicitor.

(4)The appointment of a temporary sheriff principal F19. . . shall subsist until recalled by the [F20Scottish Ministers, at the request of the Lord President].

[F21(4ZA)The Scottish Ministers must comply with any request made by the Lord President under subsection (4) above.]

[F22(4A)No appointment under this section of a person to be a temporary sheriff principal F23. . . shall extend beyond the day on which the person reaches the age of 70.

(4B)Subsection (4A) above is subject to section 26(4) to (6) of the Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).]

(5)If the [F24Scottish Ministers], on appointing any person to be a temporary sheriff principal F25. . ., so [F26direct], the provisions of section 6(1) of this Act shall apply in relation to that person as they apply in relation to a person holding the office of sheriff.

(6)A person appointed to be temporary sheriff principal of, F27. . .any sheriffdom shall for the purposes of his appointment, without the necessity of his receiving a commission in that behalf, have and be entitled to exercise the jurisdiction and powers attaching to the office of sheriff principal F27. . . in that sheriffdom.

(7)The appointment of any person holding the office of sheriff to be a temporary sheriff principal shall not affect the commission held by that person as sheriff, but he shall not, while his appointment as a temporary sheriff principal subsists, perform any duties by virtue of the said commission.

(8)The Secretary of State may pay to any person appointed to be a temporary sheriff principal F28. . . such remuneration and allowances as the Treasury, on the recommendation of the Secretary of State, may determine.

[F2911A Appointment of part-time sheriffsS

(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

[F30(a)the person is] qualified under section 5(1) of this Act to be appointed to the office of sheriff [F31 and

(b)the Scottish Ministers have consulted the Lord President of the Court of Session about the proposed appointment.]

(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 [F3280] 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.]

F3311B Limitation, termination etc. of appointment of part-time sheriffsS

(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.

F3411C Removal of part-time sheriffs from officeS

(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.

F3511D Regulations and orders under sections 11A and 11CS

(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.

F3612 Removal from office, and suspension, of sheriff principal or sheriff.S

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