The Act
3.The Act makes substantive provision in relation to 4 main policy areas (judicial independence, the judiciary including the provision of a statutory basis for the Judicial Appointments Board, the courts and new arrangements for the governance of the Scottish Court Service (“the SCS”). However the overarching objective for the Act is to modernise and improve the court system through strengthening the role of Scotland’s judiciary.
4.Part 1 provides a statutory guarantee of the continued independence of the judiciary in Scotland.
5.Part 2 provides for the Lord President of the Court of Session to be the head of the Scottish judiciary; sets out procedures in relation to the vacancy, incapacity and suspension of the senior judiciary; provides a statutory basis for the Judicial Appointments Board and the criteria for the appointment of the Lord President and the Lord Chief Justice; sets out the eligibility criteria for appointment as a judge of the Court of Session and arrangements for retired and temporary judicial office holders; and makes provision for a scheme for judicial conduct and the removal of judges and sheriffs.
6.Part 3 provides for matters relating to the judiciary and the Court of Session; responsibilities and powers in relation to sheriff courts; and responsibilities in relation to justice of the peace courts.
7.Part 4 sets out the new governance arrangements for the SCS establishing it as a body corporate and detailing its functions, membership, powers and responsibilities.
8.Part 5 contains a range of general provisions including an interpretation section and provision about subordinate legislation making powers.