After our recommendations

After Recommendations Have Been Submitted

Once JABS has submitted its recommendations to the Scottish Government, and the recommendations are accepted, its role in the appointment process is complete. The process, however, continues until appointments have been formally made.

The Scottish Government considers the recommendations made by JABS before taking the next steps in the appointment process. The arrangements differ depending on whether the role is a court appointment or a tribunal appointment.

If A Recommendation is Not Accepted

Under the Judiciary and Courts (Scotland) Act 2008, the relevant Minister may decide not to accept a recommendation made by JABS.

In these circumstances, the Minister must notify JABS of the decision. JABS will then reconsider the recommendation and make a further recommendation, which may be for the same individual or for a different individual.

Court Appointments

For court appointments, the First Minister considers the recommendations made by JABS and consults the Lord President as part of the appointment process.

Following that consultation, the First Minister makes recommendations to The King, who is the appointing authority for judicial office in the courts.

Appointment is made only once The King has approved the recommendation and signed the Royal Warrant.

Tribunal Appointments

For tribunal appointments, the Scottish Ministers are the appointing authority.

Once a recommendation has been accepted, the successful candidate receives a formal letter of appointment. Appointment takes effect when that letter is issued.