After our recommendations

Once JABS have submitted their recommendations to the Scottish Government, their role in the process has concluded.  The process itself, however, goes on.

The Scottish Government will send JABS recommendations to either the First Minister (for court roles) or Scottish Ministers (for tribunal roles).  Those recommendations are then considered and either accepted or refused.  

Refused Recommendations

Should a recommendation be refused, in line with section 11 of the Judiciary and Courts (Scotland) Act 2008, the relevant Minister will give JABS notice of that refusal  JABS will then reconsider the initial recommendation and then make a further recommendation (whether of the same or a different individual). 

Accepted Recommendations

For accepted recommendations to court roles, the First Minister, following consultation with the Lord President, will make recommendations to The King who is the appointing authority.  It is only once The King has accepted the recommendations and signed the Royal Warrant that the recommended individuals are appointed. 

Where the office in question is a tribunal role, the Scottish Ministers are the appointing body.  Individuals will be considered to be appointed to the relevant Chamber and role upon receiving their letter of appointment.