Search Legislation

Criminal Proceedings etc. (Reform) (Scotland) Act 2007

Status:

This is the original version (as it was originally enacted).

71Removal of JPs

This section has no associated Explanatory Notes

(1)A JP may be removed from office by, and only by, an order made under subsection (2).

(2)A tribunal appointed by the Lord President of the Court of Session may order the removal of a JP from office.

(3)The tribunal is to consist of three members, namely—

(a)a sheriff principal,

(b)a person who is, and has been for at least 10 years, a solicitor or advocate,

(c)another person.

(4)The sheriff principal member of the tribunal must not be—

(a)the sheriff principal for the sheriffdom for which the JP is appointed,

(b)a temporary sheriff principal.

(5)The sheriff principal member of the tribunal is to chair the tribunal.

(6)The tribunal may make an order under subsection (2) only if, after investigation carried out at the instance of the sheriff principal for the sheriffdom for which the JP is appointed, it finds that—

(a)the JP is—

(i)unfit for that office, or

(ii)unfit for performing judicial functions,

by reason of inability, neglect of duty or misbehaviour,

(b)the JP has inadequately performed the functions of a JP,

(c)the JP has, without good reason, failed to meet a condition imposed under section 68(2).

(7)The Scottish Ministers may by order make provision—

(a)as respects the tribunal,

(b)authorising a specified body or class of persons to recommend (by reference to information provided with the recommendation) to a sheriff principal that an investigation for the purposes of subsection (6) be carried out.

(8)Provision in an order under subsection (7)(a) may, in particular—

(a)prescribe the tribunal’s procedures,

(b)enable the tribunal, at any time during an investigation, to suspend a JP from office or from acting as a JP.

(9)A person who is removed from office as a JP is ineligible for reappointment as a JP.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources