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Courts Reform (Scotland) Act 2014

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Changes over time for: Section 128

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Courts Reform (Scotland) Act 2014, Section 128 is up to date with all changes known to be in force on or before 23 May 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

128Abolition of the office of stipendiary magistrateS

This section has no associated Explanatory Notes

(1)The office of stipendiary magistrate is abolished.

(2)Subsection (3) applies to a person who, immediately before this section comes into force, holds office as a full-time stipendiary magistrate.

(3)The person is to be appointed, by virtue of this subsection, as a summary sheriff unless the person declines the appointment.

(4)Subsection (3) applies regardless of whether the person is qualified for appointment as a summary sheriff.

(5)Subsection (6) applies to a person who, immediately before this section comes into force, holds office as a part-time stipendiary magistrate.

(6)The person is to be appointed, by virtue of this subsection, as a part-time summary sheriff unless the person declines the appointment.

(7)Subsection (6) applies regardless of whether the person is qualified for appointment as a part-time summary sheriff.

(8)A person appointed—

(a)as a summary sheriff by virtue of subsection (3) is to be treated for all purposes as if appointed as such under section 5(2),

(b)as a part-time summary sheriff by virtue of subsection (6) is to be treated for all purposes as if appointed as such under section 10(1).

Commencement Information

I1S. 128 in force at 1.4.2016 by S.S.I. 2016/13, art. 2, Sch. (with art. 3)

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