Scottish Courts And Tribunals Service Citation, commencement and interpretation 1 1 These Regulations may be cited as the Scottish Sentencing Council (Procedure for Appointment of Members) Regulations 2015 and come into force on 27th June 2015. 2 In these Regulations— “the 2010 Act ” means the Criminal Justice and Licensing (Scotland) Act 2010; “ The Council ” means the Scottish Sentencing Council . Selection for appointment: applications 2 1 The Lord Justice General will invite applications from persons eligible for selection as a member of the Council listed at paragraphs 1(3)(b), 1(3)(c), 1(4)(b) and 1(4)(c) of schedule 1 to the 2010 Act. 2 An application must be in writing (including email, fax or by other electronic means which is legible and capable of being used for subsequent reference). 3 The Lord Justice General must appoint a panel, to consider the applications received. 4 The members of the panel must be selected by the Lord Justice General and comprise a minimum of two persons, one of whom may be the Lord Justice General. 5 The panel must be chaired by— a where the Lord Justice General sits on the panel, the Lord Justice General; or b where the Lord Justice General does not sit on the panel, a panel member selected by the Lord Justice General. 6 Subject to paragraph 7, the panel must select persons suitable for appointment on the basis of their application. 7 Where the panel is unable to make a selection based on an application, the panel must interview the applicant. 8 Where paragraph 7 applies, the panel must select persons suitable for appointment on the basis of that interview. 9 The panel may select as suitable for appointment more persons than are required to be appointed in each category of membership. 10 Where the Lord Justice General has not been a member of the panel, the panel must notify the Lord Justice General of persons selected as suitable for appointment. 11 Where the panel selects more persons than are required to be appointed in each category of membership, if the Lord Justice General has not been a member of the panel, the Lord Justice General must be notified, by the chair of the panel, of the order of preference for appointment. 12 Before persons that the panel select as suitable to be members of the Council listed at paragraphs 1(4)(b) and 1(4)(c) of schedule 1 to the 2010 Act, can be appointed, the Lord Justice General must consult with the Dean of the Faculty of Advocates and the President of the Law Society of Scotland, respectively. Selection for appointment: nominations 3 1 Persons holding the office of judge who normally sit as a judge of the Outer House of the Court of Session or the High Court of Justiciary may nominate themselves for appointment as the member listed in paragraph 1(3)(a) of schedule 1 to the 2010 Act. 2 Persons holding the office of sheriff principal may nominate themselves for appointment as the member listed in paragraph 1(3)(d)(ii) of schedule 1 to the 2010 Act. 3 The Lord Advocate must nominate one prosecutor for appointment as the member listed in paragraph 1(4)(a) of schedule 1 to the 2010 Act. MICHAEL MATHESON A member of the Scottish Government St Andrew’s House, Edinburgh 27th May 2015