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(1)Justices of the peace are to be appointed by name on behalf of and in the name of Her Majesty by instrument under the hand of the Scottish Ministers.
(2)A JP is to be appointed for a sheriffdom.
(3)An appointment of a JP is to be for a term of 5 years.
(4)However, a JP—
(a)may resign from office by giving notice to the Scottish Ministers,
(b)ceases to hold office on reaching the age of 70 years.
(5)In making appointments of JPs, except—
(a)appointments under subsection (7)(b),
(b)reappointments under section 70(2),
the Scottish Ministers must comply with such provision as to procedure and consultation as they may by order make.
(6)Provision in an order under subsection (5) may, in particular, relate to—
(a)the participation in the appointments process of persons who are not—
(ii)involved in the administration of the law or of government,
(b)the manner in which vacancies in office are publicised.
(7)A person who, on the coming into force of this section, holds the office of justice of the peace under the 1975 Act—
(a)ceases to hold that office under that Act on such day as the Scottish Ministers may by order specify for the purpose of this subsection, and
(b)is, on the day so specified, to be appointed as a JP under subsection (1) unless the person declines the appointment.
(8)Subsection (7)(b) applies only in relation to the full justices (within the meaning given by section 9 of the 1975 Act) whose names were included in a duty rota of justices (that is, such a rota as approved under section 16(1)(b) of that Act) for any time during the 12 months ending on the day specified as mentioned in that subsection.
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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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