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In section 9 (appointment and removal of justices) of the District Courts (Scotland) Act 1975 (c. 20) (the “1975 Act”)—
(a)after subsection (2), there is inserted—
“(2A)That instrument shall specify whether the appointment is as a full justice or as a signing justice, and the name of any signing justice so appointed shall be entered in the supplemental list.
(2B)A signing justice may, subject to sections 9A, 12 and 15(1) of this Act, be appointed under subsection (2) above as a full justice.”;
(b)after subsection (8), there is inserted—
“(8A)In making appointments of justices of the peace, the Scottish Ministers shall comply with such requirements as to procedure and consultation as may be prescribed by regulations made by them.
(8B)Regulations under subsection (8A) above shall be made by statutory instrument.
(8C)No such regulations shall be made unless laid in draft before, and approved by resolution of, the Scottish Parliament.”; and
(c)after subsection (11), there is inserted—
“(12)In this section—
a “full justice” means a justice of the peace who is qualified as a justice to do any act (including any function of a judicial nature) or to be a member of any committee or other body; and
a “signing justice” means a justice of the peace who is qualified only to do all or any of the acts as a justice set out in section 15(9) of this Act.”.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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