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Bail, Judicial Appointments etc. (Scotland) Act 2000

Section 10 (Restriction of functions of justices who are councillors etc.)

38.Section 10 replaces section 12 of the 1975 Act with a new provision.

39.New section 12 restricts the functions of justices who are councillors. Section 12(1) provides that a member of a local authority cannot be appointed as a full justice but may be appointed as a signing justice. Section 12(2) provides that any existing councillor justices will become signing justices on the coming into force of the new appointment provisions. It also provides for full justices automatically to become signing justices if they are appointed as councillors after being appointed as a full justice. Section 12(3) requires the names of justices who are signing justices by virtue of this section to be entered into the supplemental list.

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