Official Report 115KB pdf
Sections 15 and 15A are on guidance to the judicial appointments board for Scotland. Are we content that the delegated powers in section 15, as amended at stage 2, and new section 15A, are acceptable?
Are we also content to draw the terms of new section 15A to the attention of the Justice Committee for its interest in the Parliament's role in scrutinising the guidance made under section 15, and in particular the period of time given to Parliament under section 15A to make recommendations?
Section 38 inserts new section 12E into the Sheriff Courts (Scotland) Act 1971, giving the power to remove a person from the office of sheriff principal, sheriff or part-time sheriff. That happened in my constituency some years ago, as members might recall.
We move on to section 38A, "Provision relating to tribunal considering fitness for office of justices of the peace". Are we content that the delegated powers in section 38A, which are conferred on the Court of Session, are acceptable and that they are not subject to parliamentary procedure?
That takes us to section 38B, "Training and appraisal of justices of the peace" and paragraph 7 of schedule 5 to the bill. I wonder how many of us around the table have been or are JPs? I was, but am not any longer.
Section 42, "Divisions of the Inner House", inserts into the Court of Session Act 1988 new section 5(ba), which confers a new power to regulate procedure in the Court of Session. Are we content that the delegated power in section 42 is acceptable and that it is not subject to parliamentary procedure?
Finally, section 66(2) confers a default power on the Scottish ministers to carry out the functions of the Scottish Court Service. Are we content that section 66, as amended, is acceptable?
That concludes our consideration of the bill. The stage 3 debate will be on Thursday 25 September.