| Lord President of the Court of Session and Lord Justice General of Scotland | |
|---|---|
| Scottish Gaelic:Àrd-mhorair Cùirt an t-Seisein | |
Logo of the Lord President of the Court of Session | |
since 3 February 2025 | |
| Style | The Right Honourable |
| Appointer | Monarch on the advice of theFirst Minister |
| Term length | Life tenure with compulsory retirement at 75 |
| Inaugural holder | Alexander Mylne, Abbot of Cambuskenneth |
| Formation | 1532 |
| Deputy | Lord Justice Clerk |
| Salary | £222,862 (Salary Group 1.1) |
| Website | Roles and Jurisdiction | Judicial Office for Scotland |
TheLord President of the Court of Session andLord Justice General (Scottish Gaelic:Àrd-mhorair Cùirt an t-Seisein) is the most seniorjudge inScotland, the head of thejudiciary, and the presiding judge of theCollege of Justice, theCourt of Session, and theHigh Court of Justiciary. The Lord President holds the title of Lord Justice General of Scotland and the head of theHigh Court of Justiciaryex officio, as the two offices were combined in 1836. The Lord President has authority over any court established underScots law, except for theSupreme Court of the United Kingdom and theCourt of the Lord Lyon.
The current Lord President of the Court of Session isLord Pentland, who was appointed to the position on 3 February 2025 succeedingLord Carloway They are paid according to salary group 1.1 of the Judicial Salaries Scale, which in 2016 was £222,862.
As Lord President of the Court of Session and is the most seniorjudge inScotland, the head of thejudiciary, and the presiding judge of theCollege of Justice, and theCourt of Session.[1]: Section 2(1) Under Section 2(6) of the Judiciary and Courts (Scotland) Act 2008, the Lord President has authority over the judiciary of any court established underScots law, except for theSupreme Court of the United Kingdom and theCourt of the Lord Lyon.
References in this section to the Scottish judiciary are references to the judiciary of any court established under the law of Scotland (other than the Supreme Court of the United Kingdom).
— Section 2(5), Judiciary and Courts (Scotland) Act 2008[1]: Section 2(5)
TheScottish Land Court, which until 1 April 2017 was administered separately, was transferred to theScottish Courts and Tribunals Service.[2] The 2008 act states:
The Lord President is the Head of the Scottish Judiciary.
— Section 2(1), Judiciary and Courts (Scotland) Act 2008[1]: Section 2(1)
The Lord President is supported by theJudicial Office for Scotland which was established on 1 April 2010 as a result of theJudiciary and Courts (Scotland) Act 2008, and the Lord President chairs the corporate board of theScottish Courts and Tribunals Service.[1]: Schedule 3 The Lord President, and the wider judiciary, is advised on matters relating to the administration of justice by the Judicial Council for Scotland, which is a non-statutory body established in 2007. There had been plans for a statutory judges' council but these plans were abandoned in favour of a non-statutory council convened by the Lord President.[3][4][5]
The Lord President presides over the 1st Division of theInner House of the Court of Session.[6] TheInner House is the part of the Court of Session which acts as acourt of appeal for cases decided theOuter House andSheriff Appeal Court, and hearing appeals onquestions of law from theSheriff Appeal Court,Scottish Land Court,Court of the Lord Lyon, and theLands Tribunal for Scotland.[7][8]
In Scotland theOfficial Oath is taken before the Lord President of the Court of Session.[9]
The Lord President is also the Lord Justice General of Scotland and the head of theHigh Court of Justiciaryex officio, with the two offices having been combined in 1836.The office of Lord Justice General is derived from thejusticiars who were appointed from at least the twelfth century. From around 1567 onwards it was held heritably by theEarl of Argyll until the heritability was resigned tothe Crown in 1607.[10]
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| Scots law |
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(called Lord Chief Justices byScot of Scotstarvet).
The Judicial Council for Scotland ("the Council") is a body constituted for the purpose of providing information and advice to— (a) the Lord President of the Court of Session ("the Lord President"); and (b) the judiciary of Scotland, on matters relevant to the administration of justice in Scotland.
The Inner House is in essence the appeal court, though it has a small range of first instance business. It is divided into the First and the Second Divisions, of equal authority, and presided over by the Lord President and the Lord Justice Clerk respectively.
The oath as to England is to be tendered by the Clerk of the Council, and taken in presence of Her Majesty in Council, or otherwise as Her Majesty shall direct. The oath as to Scotland is to be tendered by the Lord President of the Court of Session at a sitting of the Court.
Office of lord justice general to devolve on lord president.