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Courts Reform (Scotland) Act 2014

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This is the original version (as it was originally enacted).

128Abolition of the office of stipendiary magistrate

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(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).

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