Judiciary and Courts (Scotland) Bill Marshalled List of Amendments for Stage 2 The Bill will be considered in the following order— Sections 1 - 9 Schedule 1 Sections 10 – 18 Schedule 2 Sections 19 – 56 Schedule 3 Sections 57 – 59 Schedule 4 Sections 60 – 69 Schedule 5 Sections 70 – 72 Long Title Amendments marked * are new (including manuscript amendments) or have been altered. Section 1 Nigel Don 22 In section 1, page 1, line 9 after <Ministers,> insert— <( ) members of the Scottish Parliament,> Kenny MacAskill 1 In section 1, page 1, line 14, leave out <pursuance of subsection (1)> and insert <particular> Kenny MacAskill 2 In section 1, page 1, line 22, at end insert <, and (c) any international court. ( ) In subsection (3)(c) “international court” means the International Court of Justice or any other court or tribunal which exercises jurisdiction, or performs functions of a judicial nature, in pursuance of— (a) an agreement to which the United Kingdom or Her Majesty’s Government in the United Kingdom is a party, or (b) a resolution of the Security Council or General Assembly of the United Nations.> Section 2 Cathie Craigie 23 In section 2, page 2, leave out lines 8 and 9 Nigel Don 24 In section 2, page 2, line 17, leave out<, training> SP Bill 6-ML1 1 Session 3 (2008) Cathie Craigie 27 In section 2, page 2, line 24, leave out subsection (3) Margaret Smith *25 In section 2, page 2, line 26, at end insert— <( ) In carrying out the responsibility for making and maintaining arrangements for training mentioned in subsection (2)(d) the Lord President must require any judicial office holder, or class of judicial office holder, to attend such training as the Lord President determines.> Nigel Don 26 In section 2, page 2, line 26 at end insert— <( ) As Head of the Scottish Judiciary it shall be the responsibility of the Lord President to ensure the provision of— (a) initial training for newly appointed judicial office holders, and (b) such subsequent training for judicial office holders as the Lord President considers necessary or desirable.> Section 3 Cathie Craigie 28 In section 3, page 3, line 5, leave out from <the> to end of line 8 Section 4 Margaret Smith 29 In section 4, page 3, line 29, after first <that> insert <, having had regard, as appropriate, to a certified medical report, > Margaret Smith 30 In section 4, page 3, line 33, after first <that> insert <, having had regard, as appropriate, to a certified medical report, > Section 5 Margaret Smith 31 In section 5, page 4, line 20 after first <that> insert <, having had regard, as appropriate, to a certified medical report, > Margaret Smith 32 In section 5, page 4, line 24, after first <that> insert <, having had regard, as appropriate, to a certified medical report,> 2 Section 8 Margaret Smith 33 In section 8, page 6, line 4, after <health> insert <or being otherwise indisposed> Schedule 1 Nigel Don 34 In schedule 1, page 38, line 27, after <any> insert <serious> Bill Aitken 35 In schedule 1, page 38, line 35, insert— <( ) A member may not be removed from office under either sub-paragraph (1) or (2) without the member being afforded an opportunity to be heard by the Lord President or, as the case may be, the Scottish Ministers.> Section 10 Kenny MacAskill 3 In section 10, page 7, line 2, leave out <the office of Chairman of the Scottish Land Court, sheriff principal or sheriff> and insert <one of the offices mentioned in subsection (1A)> Kenny MacAskill 4 In section 10, page 7, line 8, at end insert— <(1A) The offices referred to in subsection (1)(c) are— (a) the office of judge of the European Court, (b) the office of judge of the European Court of Human Rights, (c) the office of Chairman of the Scottish Land Court, (d) the office of sheriff principal, and (e) the office of sheriff.> Section 11 Bill Aitken 36 In section 11, page 7, line 17, at end insert— <( ) Where the Board has recommended to the relevant Minister any individual for appointment to judicial office, the Board must inform that individual that such a recommendation has been made and of the ranking of that recommendation.> 3 Bill Aitken 37 In section 11, page 7, line 21, at end insert— <( ) Any appointment, nomination or recommendation by a relevant Minister under subsection (1) must follow the order of ranking advised by the Board.> Section 14 Bill Aitken 38 In section 14, page 8, line 15 after <encourage> insert < specialisation, where appropriate, in the judiciary and> Section 15 Kenny MacAskill 5 In section 15, page 8, line 28, leave out subsections (5) to (7) After section 15 Kenny MacAskill 6 After section 15, insert— <Guidance: procedure (1) Before issuing any guidance under section 15(1) or (2), the Scottish Ministers or, as the case may be, the Lord President must lay a draft of the proposed guidance before the Scottish Parliament. (2) The Scottish Ministers or, as the case may be, the Lord President must not issue the guidance before the expiry of the period of 21 days beginning with the day on which the draft of it is laid before the Parliament under subsection (1). (3) If, during that period, the Parliament by resolution makes any recommendations in relation to the draft guidance, the Scottish Ministers or, as the case may be, the Lord President must have regard to those recommendations. (4) The Scottish Ministers must, before laying a draft of proposed guidance before the Parliament under subsection (1), consult the Lord President and the Board on the draft. (5) The Lord President must, before laying a draft of proposed guidance before the Parliament under subsection (1), consult the Scottish Ministers and the Board on the draft. (6) In calculating a period of 21 days for the purposes of subsection (2), no account is to be taken of any time during which the Parliament is— (a) dissolved, or (b) in recess for more than 4 days.> 4 Section 16 Nigel Don 39 In section 16, page 9, line 23, leave out subsection (6) and insert— <(6) A person who wilfully or recklessly discloses information in contravention of this section is guilty of an offence. (7) It is a defence for a person charged with an offence under subsection (6) to prove that the person exercised all due diligence and took all reasonable steps to avoid committing the offence. (8) A person guilty of an offence under subsection (6) is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.> Section 23 Cathie Craigie 40 Leave out section 23 Section 24 Cathie Craigie 41 In section 24, page 12, line 25, leave out <Court Service> and insert <Ministers> After section 25 Kenny MacAskill 7 After section 25, insert— <Sheriffs and part-time sheriffs: official oaths In the Promissory Oaths Act 1868 (c.72), in the second part of the Schedule (persons to take oath of allegiance and judicial oath), after “sheriffdoms,” insert “sheriffs, part-time sheriffs”.> Section 26 Margaret Smith 42 In section 26, page 13, line 16, leave out <may> and insert <must> Margaret Smith *43 In section 26, page 13, leave out subsection (2) and insert— <( ) Rules under subsection (1) must in particular contain provision about— (a) circumstances in which an investigation must or may be undertaken, (b) the conduct of an investigation (including in particular steps to be taken by the office holder under investigation or by a complainant or other person), 5 (c) time limits for taking any step and procedures for extending time limits, (d) persons by whom an investigation or part of an investigation is to be conducted, (e) matters to be determined by the person conducting an investigation (or part of an investigation), the Lord President or any other person, (f) the making of recommendations by persons conducting investigations (or parts of investigations), (g) the keeping of records of investigations, (h) confidentiality of communications or proceedings, (i) the publication of information or its provision to any person. ( ) Rules under subsection (1) may in particular contain provision about— (a) the making of complaints, (b) steps to be taken by a complainant before a complaint is to be investigated, and (c) the obtaining of information relating to complaints.> Section 27 Bill Aitken 44 In section 27, page 14, line 14, leave out subsection (3) Section 35 Kenny MacAskill 8 In section 35, page 18, line 29, at end insert— <(2A) Subsection (2B) applies where a person on whom a requirement has been imposed under subsection (1)— (a) refuses or fails, without reasonable excuse, to comply with the requirement, (b) refuses or fails, without reasonable excuse, while attending the tribunal proceedings to give evidence, to answer any question, or (c) deliberately alters, conceals or destroys any document which the person is required to produce. (2B) The Court of Session may, on an application made to it by the tribunal— (a) make such order for enforcing compliance as it sees fit, or (b) deal with the matter as if it were a contempt of the Court.> Section 38 Kenny MacAskill 9 In section 38, page 21, line 3, at end insert— <(2A) Subsection (2B) applies where a person on whom a requirement has been imposed under subsection (1)— 6 (a) refuses or fails, without reasonable excuse, to comply with the requirement, (b) refuses or fails, without reasonable excuse, while attending the tribunal proceedings to give evidence, to answer any question, or (c) deliberately alters, conceals or destroys any document which the person is required to produce.