What does Judicial Appointments & Finance do?

This Division of the Justice Department has responsibility for matters concerning the Judiciary in Scotland and for financing a number of small courts and tribunals. Its main functions can be summarised as follows:

Judicial Appointments

The Division has responsibility for reporting to the Scottish Ministers on general appointments policy and resources. In addition it funds the operation of the independent Judicial Appointments Board for Scotland, which was set up in 2002 to consider applications from individuals seeking appointment to the offices of Senator of the College of Justice, Sheriff Principal and Sheriff (including part-time Sheriff). Further information on the work of the Board is published on its website at www.judicialappointmentsscotland.gov.uk

Administrative Support

In addition to general policy responsibility, the Division liaises with the Judiciary on matters concerning courts administration and provides it with support services, including the administration of pay, pensions and rations. It also operates the system for providing part-time shrieval assistance in the sheriff courts in response to requests from the Scottish Court Service to cover for permanent sheriffs who may be away from court on Judicial business, sick leave or annual leave.

Complaints against members of the Judiciary

Decisions made by members of the Judiciary in exercise of their duties are only subject to review by the Appeal Courts and neither the Scottish Ministers nor the Department may intervene in individual cases.

However, complaints about the conduct of individual judges or sheriffs should be addressed to David Stewart, Head of Judicial Appointments and Finance Division, Scottish Government Justice Department, Hayweight House, 23 Lauriston Street, Edinburgh EH3 9DQ.

Finance

In addition to the Judicial Appointments Board for Scotland, the Division finances the operation of a small number of specialist courts and tribunals as well as the Scottish Law Commission. A short summary of each of the latter follows:

Scottish Law Commission

The Scottish Law Commission is an independent body whose purpose is to promote the reform of the law of Scotland. This involves the preparation of Reports on reform projects for presentation to Ministers. Projects are selected from approved programmes and can be initiated by a reference from Government or by proposals from interested parties. Other work includes the consolidation of statutes, statute law revision and providing advice to the Government.

The Commission is required by statute to issue an Annual Report to the First Minister following which it is laid before Parliament.

Policy responsibility for the Commission lies with the Scottish Government Justice Department Courts Group which also deals with the appointment Commissioners. The Chairman of the Scottish Law Commission is a Senator of the College of Justice.

For more information, go to The Scottish Law Commission web site at www.scotlawcom.gov.uk

Scottish Land Court

The Scottish Land Court was established in 1911. Its purpose is to resolve disputes arising in connection with the following:

Agricultural Holdings Crofts Landholders Holdings The Court operates at two levels - a Divisional Court where applications are heard by a Court member and a legal assessor, or as a Full Court with a quorum of two members and the Chairman. The Court's decision is issued as an Order and is binding on the parties concerned. There is a right of appeal to the Court of Session but only on questions of law.

The Chairman of the Scottish Land Court has the same rank and tenure of office as if he had been appointed a judge in the Court of Session.

Further information is available on their web site at www.scottish-land-court.org.uk

Lands Tribunal for Scotland

The Lands Tribunal for Scotland is a judicial body established in 1971 to determine a wide range of questions relating to valuation of land, the discharge or variation of restrictive land obligations and disputed compensation on compulsory purchase of land. Its members have recognised expertise in the fields of law and surveying.

Numerous Acts of Parliament have conferred additional areas of jurisdiction including appeals against the Keeper of the Registers of Scotland under the Land Registration (Scotland) Act 1979 and disputes concerning council house purchase. Valuation Appeal Committees can refer complaints to the Tribunal over non-domestic rating assessments under the valuation acts and regulations. The Tribunal can also act as arbiter where a reference is brought jointly by disputing parties.

For further information, go the LTS web site at www.lands-tribunal-scotland.org.uk

Office of the Social Security Commissioners and Child Support Commissioners

The main function of the OSSC is to determine and issue Commissioners' decisions on appeals, and applications for leave to appeal against decisions made by various Tribunals in relation to the administration of Social Security benefits and child support.

For further information, go to the OSSC web site at www.ossc-scotland.org.uk

Pensions Appeal Tribunals for Scotland

These Tribunals deal with appeals arising from the refusal by the Department of Social Security of claims for entitlement to War Pensions.

Entitlement Tribunals consist of a legally qualified chairman (who may be the President of the Pensions Appeal Tribunals), a medically qualified member and a Service member of the same gender, Service and rank as the appellant.

Assessment Tribunals have a medically qualified chairman and member and a Service member.

To contact the Tribunal call 0131 220 1404

Further information is available on their web site at www.patscotland.org.uk

Court of the Lord Lyon

The Lord Lyon King of Arms has jurisdiction, subject to appeal to the Court of Session and the House of Lords, on questions of heraldry and the right to bear Arms. The Court administers the Public Register of All Arms and Bearings in Scotland and the Public Register if All Genealogies and Birthbrieves in Scotland. The Lord Lyon, in his administrative capacity, grants Patents of Arms and, in his judicial role, authorises the Matriculation of existing Armorial Bearings. No Armorial Bearings may be used in Scotland unless they are on record in the Public Register of all Arms and Bearings in Scotland. The Lord Lyon may grant Arms to Scotsmen and women at home and abroad.

The Court does not undertake genealogical research, as the result of such research may be incorporated in a Petition to the Lord Lyon.

Telephone 0131 556 7255 for further information.

VAT and Duties Tribunal in Scotland

This Tribunal deals with appeals on decisions of HM Customs & Excise on VAT, including penalties for tax evasion and assessment of tax etc. Policy responsibility for its work rests with the London office of the Tribunal and the Lord Chancellor, after consulting the Lord Advocate, may make rules of procedure.

Contact the Tribunal on 0131 226 3551