Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

Other provisions relating to courtsS

20 Removal of prohibition of sheriffs’ principal and sheriffs’ accepting appointment to certain offices.S

Section 6(1)(b) of the M1Sheriff Courts (Scotland) Act 1971 (prohibition of sheriffs’ principal and sheriffs’ accepting appointments to certain offices) shall cease to have effect.

F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

22 Re-employment of retired judgesS

(1)If it appears to the Lord President of the Court of Session that it is expedient as a temporary measure to make an appointment under this section in order to facilitate the disposal of business in the Court of Session or the High Court of Justiciary he may, with the consent of the Secretary of State, appoint a person who—

(a)has held office as a judge of the Court of Session; or

(b)has held office as a Lord of Appeal in Ordinary and who, at the time of his appointment as a Lord of Appeal in Ordinary, was eligible for appointment as a judge in the Court of Session,

and, in either case, has not reached the age of 75 years, to act as a judge of the Court of Session and High Court of Justiciary during such period or on such occasions as the Lord President thinks fit but, subject to subsection (4) below, a period during which or occasion on which a person may so act, shall not extend beyond or be after he reaches the age of 75 years.

(2)A person wnhile acting under this section shall, subject to subsection (3) below, be treated for all purposes as, and accordingly may perform any of the functions of, a judge of the Court in which he is acting.

(3)A person shall not, by virtue of subsection (2) above, be treated as a judge of the Court of Session or the High Court of Justiciary for the purposes of any statutory provision or rule of law relating to—

(a)the appointment, retirement, removal or disqualification of judges of that Court (including, without prejudice to the foregoing generality, any statutory provision or rule of law relating to the number of judges who may be appointed);

(b)the tenure of office and oaths to be taken by such judges;

(c)the remuneration, allowances or pensions of such judges.

(4)Notwithstanding the expiry of any period for which a person is appointed by virtue of subsection (1) above to act as a judge of the Court of Session and High Court of Justiciary—

(a)he may attend at the Court for the purpose of continuing to deal with, giving judgment in, or dealing with any matter relating to, any case begun before him while acting as a judge of that Court; and

(b)for that purpose, and for the purpose of any proceedings arising out of any such case or matter, he shall be treated as being or, as the case may be, having been, a judge of that Court.

(5)The Secretary of State may pay to, or in respect of, a person appointed under subsection (1) above such remuneration or allowances as he may, with the consent of the Treasury, determine.

23 Replacement of general jury book by lists of men and women eligible for jury service.S

(1)In section 3 of the Jurors (Scotland) Act 1825 (sheriff principal to maintain the general jury book), for the words from “a book” to “that book” there shall be substituted the words, “in such form as may be approved by the Lord Justice-General, two lists (to be known as the “lists of potential jurors”) containing the names, designations and dates of birth of such number as the sheriff principal considers appropriate of—

(a)in the first list, men; and

(b)in the second list, women

within the district who appear to him to be qualified and liable to serve as jurors; and those lists ”.

(2)Section 10 of the said Act of 1825, section 4 of the M2Juries (Scotland) 1826 and sections 88 to 91 and 98 of the M3Criminal Procedure (Scotland) Act 1975 shall have effect subject to the amendments to these enactments specified in Schedule 2 to this Act; and for any other reference, however expressed, in any enactment passed before this Act to the general jury book maintained under section 3 of the Jurors (Scotland) Act 1825 there shall be substituted a reference to the lists of potential jurors.