SCHEDULE 5MODIFICATIONS OF ENACTMENTS

PART 10JUSTICE OF THE PEACE COURTS

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

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1

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 is amended in accordance with this paragraph.

2

In section 61(3)(a) (efficient disposal of business in JP courts), for “stipendiary magistrate” substitute “ summary sheriff ”.

3

In section 62 (area and territorial jurisdiction of JP courts)—

a

in each of subsections (4), (5), (6) and (7), the words “or stipendiary magistrate” in each place they appear are repealed,

b

in subsection (4), the words “or (as the case may be) magistrate” are repealed,

c

in subsection (7)(a), the words “or (as the case may be) stipendiary magistrate” are repealed.

4

In section 63 (constitution and powers etc. of JP courts), in each of subsections (2) and (5)(a), for “stipendiary magistrate” substitute “ summary sheriff ”.

5

The following sections are repealed—

a

section 74 (appointment of stipendiary magistrates),

b

section 74A (exercise of functions by stipendiary magistrates),

c

section 75 (stipendiary magistrates: further provision).

6

In section 76 (signing functions)—

a

in subsection (1), the words “or a stipendiary magistrate” are repealed,

b

in subsection (5), the words “, stipendiary magistrate” are repealed.

7

In section 77 (records and validity of appointment)—

a

in subsection (1), in each of paragraphs (a) and (b)(ii), the words “or stipendiary magistrate” are repealed,

b

in subsection (2), the words “and stipendiary magistrates” are repealed,

c

subsection (5) is repealed.