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.
Since its establishment in 2002, JABS has made over 1,000 recommendations for judicial office, only one of which was not accepted by the relevant Minister.
Court Appointments
For court appointments, the First Minister considers the recommendations made by JABS and has a statutory obligation to consult with the Lord President as part of the appointment process.
Following that consultation, where recommendations are accepted, the First Minister will submit the names of individuals recommended to The King, who is the appointing authority for judicial office in the courts.
Appointment is made only once The King has 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.