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Criminal Proceedings etc. (Reform) (Scotland) Act 2007
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- 2007 asp 6
- Part 4
- Establishing JP courts etc.
- Section 63
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63Constitution and powers etc. of JP courtsS
This section has no associated Explanatory Notes
(1)A JP court has competence, subject to sections 6 and 7 of the 1995 Act (which include provision as to the constitution and powers of JP courts), as respects summary proceedings for offences.
(2)The Scottish Ministers may by order amend section 6(2) of the 1995 Act so that it provides that a JP court (when not constituted by a stipendiary magistrate) is to be constituted by one JP only.
[F1(2A)The Scottish Ministers may make an order under subsection (2) only on the recommendation of the Lord President of the Court of Session.]
F1(3)Each JP court is to have a clerk of the court.
(4)The clerk of a JP court is to be a solicitor or advocate.
(5)The clerk of a JP court—
(a)except on occasions when a stipendiary magistrate presides, is to act as legal adviser to the court, and
(b)has such other functions as the [F2Lord President]F2 may confer.
(6)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Amendments (Textual)
F1S. 63(2A) inserted (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 57(3)(a), 76; S.S.I. 2010/39, art. 2, Sch.
F2Words in s. 63(5)(b) substituted (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 57(3)(b), 76; S.S.I. 2010/39, art. 2, Sch.
F3S. 63(6) repealed (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 73, 76, Sch. 5 para. 5(3)(c); S.S.I. 2010/39, art. 2, Sch.
Commencement Information
I1S. 63 partly in force; s. 63 not in force at Royal Assent, see s. 84; s. 63(1)(3)-(6) in force at 10.3.2008 by S.S.I. 2008/42, art. 3, Sch.
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