2010 No. 142
The Stipendiary Magistrates (Scotland) Order 2010
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 74(9) and (10) of the Criminal Proceedings etc. (Reform) (Scotland) Act 20071 and all other powers enabling them to do so.
Citation, commencement and interpretation1
1
This Order may be cited as the Stipendiary Magistrates (Scotland) Order 2010 and comes into force on 4th May 2010.
2
In this Order “SMAC” means a Stipendiary Magistrates Advisory Committee.
Establishment of a SMAC2
1
When the Scottish Ministers consider, on the advice of a sheriff principal, that it is necessary or expedient to appoint one or more stipendiary magistrates, they shall direct that sheriff principal to establish a SMAC.
2
A SMAC must be established by the sheriff principal of the sheriffdom for which the stipendiary magistrate or magistrates are to be appointed.
3
A SMAC may be established for a particular sheriffdom only.
4
A SMAC shall be disbanded once the stipendiary magistrate appointment or appointments identified in paragraph (1) have been filled.
Advertisement of stipendiary magistrate vacancy3
The Scottish Ministers must advertise a stipendiary magistrate vacancy in the Journal of the Law Society of Scotland and in the Scots Law Times, and after consulting the sheriff principal of the sheriffdom where the vacancy exists, may advertise it in such other manner as they consider appropriate.
Membership of a SMAC4
1
A SMAC shall comprise—
a
the sheriff principal of the sheriffdom for which the stipendiary magistrate or magistrates are be appointed;
b
the holder of a judicial office appointed by the sheriff principal; and
c
one other person appointed by the sheriff principal.
2
A person may not be appointed as a member of a SMAC if that person is—
a
a member of the House of Commons or the House of Lords;
b
a member of the Scottish Parliament; or
c
a local authority councillor.
3
A person shall cease to be a member of a SMAC if they become a person described in paragraph (2).
4
In the event of a vacancy arising in a SMAC the sheriff principal must appoint a successor.
5
The sheriff principal must be the convenor of a SMAC.
6
The sheriff principal may nominate the holder of a judicial office to sit as a member of a SMAC in his or her place, however such a nominee may not carry out the functions in paragraphs (1)(b) and (c) and (4) of appointing the other members of the SMAC.
Role of SMAC5
1
The role of a SMAC is to make recommendations to the Scottish Ministers on the appointment of stipendiary magistrates in relation to the sheriffdom for which that SMAC has been established.
2
A person may only be appointed as a stipendiary magistrate for a sheriffdom if that person has been recommended for appointment by a SMAC for that sheriffdom.
3
A SMAC must consider all applications submitted to it, and may interview any of the applicants.
4
Interviews must be conducted by all 3 members of the SMAC.
5
Where, after a recruitment process, a SMAC does not make any recommendation for appointment to the Scottish Ministers, the Scottish Ministers may re-advertise the vacancy or vacancies in accordance with article 3.
(This note is not part of the Order)