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12E Removal from office

(1) Where subsection (2) applies, the First Minister may remove a person from the office of sheriff principal, sheriff or part-time sheriff.

(2) This subsection applies if—

(a) a tribunal constituted under section 12A has reported to the First Minister that the person is unfit to hold that office by reason of inability, neglect of duty or misbehaviour, and

(b) the First Minister has laid the report before the Scottish Parliament.

(3) The First Minister may remove a sheriff principal or sheriff under subsection (1) only by order made by statutory instrument.

(4) Such a statutory instrument—

(a) is to be subject to annulment in pursuance of a resolution of the Scottish Parliament,

(b) is not to be made so as to come into effect before the expiry, in relation to the instrument, of the period of 40 days mentioned in article 11 of the Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999 (S.I. 1999/1096).

(5) Article 10 of that Order applies to such an instrument subject to the following modifications—

(a) the reference to the period of 21 days in paragraph (2) is to be read as a reference to 40 days, and

(b) paragraph (3) does not apply.

12F Interpretation of sections 12A to 12E

(1) In sections 12A to 12E “office of part-time sheriff” means an appointment (or reappointment) as a part-time sheriff; and references to removal or suspension from that office are to be construed accordingly.

(2) In those sections—

(a) a reference to the office of sheriff principal does not include a reference to an appointment as a temporary sheriff principal,

(b) a reference to the office of sheriff does not include a reference to the office of honorary sheriff.”.

Justices of the peace

41 Provision relating to tribunal considering fitness for office of justices of the peace

(1) Section 71 (removal of justices of the peace) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) is amended as follows.

(2) In subsection (7), for “Scottish Ministers may by order”, substitute “Court of Session may by act of sederunt”.

(3) In subsection (8), for “order” substitute “act of sederunt”.

Chapter 6 Training and appraisal of justices of the peace

42 Training and appraisal of justices of the peace

(1) Section 69 (training and appraisal of justices of the peace) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) is amended is follows.

(2) In subsection (1), for “Scottish Ministers” substitute “Lord President of the Court of Session”.

(3) Subsections (2) and (4) are repealed.

Chapter 7 Meaning of “judicial office holder”

43 Meaning of “judicial office holder”

(1) In this Part “judicial office holder” means—

(a) the holder of any of the judicial offices mentioned in subsection (2),

(b) a person acting as a judge by virtue of section 22(1) or (4) (re-employment of retired Court of Session judges) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), or

(c) a person acting as a sheriff by virtue of section 14A(1) or (8) (re-employment of retired sheriffs principal and sheriffs) of the 1971 Act.

(2) Those judicial offices are—

(a) the office of judge of the Court of Session,

(b) the office of Chairman of the Scottish Land Court,

(c) the office of temporary judge,

(d) the office of sheriff principal,

(e) the office of temporary sheriff principal,

(f) the office of sheriff,

(g) the office of part-time sheriff,

(h) the office of stipendiary magistrate,

(i) the office of justice of the peace,

(j) such other judicial offices (whether full-time, part-time or temporary) as the Scottish Ministers may by order specify.

(3) Before making an order under subsection (2)(j), the Scottish Ministers must consult the Lord President.