Lord_justice-general

Lord President of the Court of Session

Lord President of the Court of Session

Most senior judge in Scotland

"Lord Justice General" redirects here. For the Lord Justice General of Ireland, see Lords Justices of Ireland.

The Lord President of the Court of Session and Lord Justice General (Scottish Gaelic: Àrd-mhorair Cùirt an t-Seisein) is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, the Court of Session, and the High Court of Justiciary. The Lord President holds the title of Lord Justice General of Scotland and the head of the High Court of Justiciary ex officio, as the two offices were combined in 1836. The Lord President has authority over any court established under Scots law, except for the Supreme Court of the United Kingdom and the Court of the Lord Lyon.

Quick Facts Lord President of theCourt of SessionandLord Justice General of Scotland, Style ...

The current Lord President of the Court of Session is Lord Carloway, who was appointed to the position on 18 December 2015. They are paid according to salary group 1.1 of the Judicial Salaries Scale, which in 2016 was £222,862.

Remit and jurisdiction

Head of the judiciary

As Lord President of the Court of Session and is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, and the Court of Session.[1]: Section 2(1)  Under Section 2(6) of the Judiciary and Courts (Scotland) Act 2008, the Lord President has authority over the judiciary of any court established under Scots law, except for the Supreme Court of the United Kingdom and the Court of the Lord Lyon.

References in this section to the Scottish judiciary are references to the judiciary of any court established under the law of Scotland (other than the Supreme Court of the United Kingdom).

— Section 2(5), Judiciary and Courts (Scotland) Act 2008[1]: Section 2(5) 

The Scottish Land Court, which until 1 April 2017 was administered separately, was transferred to the Scottish Courts and Tribunals Service.[2] The 2008 act states:

The Lord President is the Head of the Scottish Judiciary.

— Section 2(1), Judiciary and Courts (Scotland) Act 2008[1]: Section 2(1) 

The Lord President is supported by the Judicial Office for Scotland which was established on 1 April 2010 as a result of the Judiciary and Courts (Scotland) Act 2008, and the Lord President chairs the corporate board of the Scottish Courts and Tribunals Service.[1]: Schedule 3  The Lord President, and the wider judiciary, is advised on matters relating to the administration of justice by the Judicial Council for Scotland, which is a non-statutory body established in 2007. There had been plans for a statutory judges' council but these plans were abandoned in favour of a non-statutory council convened by the Lord President.[3][4][5]

Inner House

The Lord President presides over the 1st Division of the Inner House of the Court of Session.[6] The Inner House is the part of the Court of Session which acts as a court of appeal for cases decided the Outer House and Sheriff Appeal Court, and hearing appeals on questions of law from the Sheriff Appeal Court, Scottish Land Court, Court of the Lord Lyon, and the Lands Tribunal for Scotland.[7][8]

Official Oath

In Scotland the Official Oath is taken before the Lord President of the Court of Session.[9]

Lord Justice General

The Lord President is also the Lord Justice General of Scotland and the head of the High Court of Justiciary ex officio, with the two offices having been combined in 1836.The office of Lord Justice General is derived from the justiciars who were appointed from at least the twelfth century. From around 1567 onwards it was held heritably by the Earl of Argyll until the heritability was resigned to the Crown in 1607.[10]

Officeholders

Justiciars

See also: Justiciar of Scotia and Justiciar of Lothian

(called Lord Chief Justices by Scot of Scotstarvet).

Lord Justice-General

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Lord President

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See also

References

  1. [1]
    Scottish Parliament. Judiciary and Courts (Scotland) Act 2008 as amended (see also enacted form), from legislation.gov.uk.
  2. [2]
    Scottish Parliament. The Judiciary and Courts (Scotland) Act 2008 (Scottish Land Court) Order 2017 as made, from legislation.gov.uk.
  3. [3]
    "Strengthening Judicial Independence in a Modern Scotland – Chapter 4 – Judges' Council". www.gov.scot. The Scottish Government. 8 February 2006. Archived from the original on 4 April 2017. Retrieved 3 April 2017.
  4. [4]
    "Judiciary and Courts (Scotland) Bill – Policy Memorandum" (PDF). parliament.scot. The Scottish Parliament. 30 January 2008. p. 7. Archived (PDF) from the original on 4 April 2017. Retrieved 3 April 2017.
  5. [5]
    "Constitution of the Judicial Council for Scotland" (PDF). judiciary-scotland.org.uk. Judicial Office for Scotland. 2007. Archived (PDF) from the original on 24 September 2015. Retrieved 3 April 2017. The Judicial Council for Scotland ("the Council") is a body constituted for the purpose of providing information and advice to— (a) the Lord President of the Court of Session ("the Lord President"); and (b) the judiciary of Scotland, on matters relevant to the administration of justice in Scotland.
  6. [6]
    "About the Court of Session". www.scotcourts.gov.uk. Scottish Courts and Tribunal Service. Archived from the original on 14 March 2017. Retrieved 2 April 2017. The Inner House is in essence the appeal court, though it has a small range of first instance business. It is divided into the First and the Second Divisions, of equal authority, and presided over by the Lord President and the Lord Justice Clerk respectively.
  7. [7]
    "Court of Session Act 1988". Acts of the Parliament of the United Kingdom. 1988 (36). The National Archives: V. Archived from the original on 21 April 2017. Retrieved 20 April 2017.
  8. [8]
    Scottish Government (6 February 2014). Policy Memorandum, Courts Reform (Scotland) Bill (PDF) (Report). Scottish Parliament. Archived (PDF) from the original on 21 April 2017. Retrieved 20 April 2017.
  9. [9]
    "Schedule, Promissory Oaths Act 1868". Acts of the Parliament of the United Kingdom. 72. The National Archives: Schedule. 1868. Archived from the original on 21 April 2017. Retrieved 20 April 2017. The oath as to England is to be tendered by the Clerk of the Council, and taken in presence of Her Majesty in Council, or otherwise as Her Majesty shall direct. The oath as to Scotland is to be tendered by the Lord President of the Court of Session at a sitting of the Court.
  10. [10]
    "Section 18, Court of Session Act 1830", Acts of the Parliament of the United Kingdom, vol. 69, p. 18, 23 July 1830, Office of lord justice general to devolve on lord president.
  11. [11]
    "The Scots peerage : Founded on Wood's ed. Of Sir Robert Douglas's Peerage of Scotland; containing an historical and genealogical account of the nobility of that kingdom". archive.org. Archived from the original on 11 April 2016.
  12. [12]
    "No. 16401". The Edinburgh Gazette. 7 January 1947. p. 7.
  13. [13]
    "No. 17246". The Edinburgh Gazette. 28 December 1954. p. 687.
  14. [14]
    "No. 19080". The Edinburgh Gazette. 17 March 1972. p. 241.
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