'Inability' In Section 12 Of The Sheriff Courts

The legal issue that arose in the case was what meaning was to be given to the word “inability” in section 12 (1) of the Sheriff Courts (Scotland) Act 1971. The appellant argued that “inability” should be interpreted restricting the word to physical or mental infirmity whereas the respondent argued that it should be interpreted broadly meaning “inability” includes any reasons rendering a person unfit to perform the duties of a sheriff.
I have drafted an amended version of the existing section 12 of the Sheriff Courts (Scotland) Act 1971 to include the broader interpretation of “inability” giving a more appropriate meaning of the word.
The (amended) Section 12 of the Sheriff Courts (Scotland) Act 1971 provides:

12.—(1) The Lord President of