- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)A person who is a JP or a stipendiary magistrate may not exercise the judicial functions of office (but may exercise signing functions) if the person is—
(a)a member of a local authority,
(b)a member of the Scottish Parliament,
(c)a member of the House of Commons or the House of Lords.
(2)A member of a local authority, despite not being a JP, may exercise signing functions in the same manner as a JP.
(3)Where a member of a local authority exercises a signing function, the document, declaration or certificate concerned has effect—
(a)as if that function were exercised by a JP,
(b)even where that document, declaration or certificate requires (or bears to require) to be signed, authenticated or given by a JP,
if the words “member of a local authority” appear on it adjacent to the member’s signature.
(4)Where in exercising a signing function a stipendiary magistrate uses the title of office of JP, the document, declaration or certificate concerned has effect as if the magistrate were a JP.
(5)A JP, stipendiary magistrate or member of a local authority may not charge a fee for exercising signing functions.
(6)In this Part, “signing functions” are—
(a)signing any document for the purpose of authenticating another person’s signature,
(b)taking and authenticating by signature any written declaration,
(c)giving a signed certificate of—
(i)facts within the giver’s knowledge, or
(ii)the giver’s opinion as to any matter.
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.
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
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: