Local Government (Scotland) Act 1947

365 Election and term of office of members of courts for counties under Licensing (Scotland) Act, 1903.

The following subsection shall as from the commencement of this Act be substituted for subsection (1) of section five of the Licensing (Scotland) Act, 1903, which relates to the election and term of office of members of courts under that Act:—

“(1) (a) The members of a licensing court or court of appeal being justices of the peace or county councillors holding office at the commencement of the Local Government (Scotland) Act, 1947, shall hold office until the day of the first meeting of the county council held after the election of county councillors in the year nineteen hundred and forty-eight, when they shall retire and their successors be elected, and thereafter the term of office of members of the licensing court or court of appeal, being justices of the peace or county councillors, shall be from the day of their election as hereinafter provided until the day of the first meeting of the county council held after the election of county councillors in the third year thereafter.

(b) The members of such a court being justices of the peace shall be elected at a meeting of the justices of the peace to be held on the same day and at the same place as the first meeting of the county council held after the election of county councillors in the year nineteen hundred and forty-eight and in every third year thereafter.

(c) The members of such a court being county councillors shall be elected at the first meeting of the county council held after the election of county councillors in the year nineteen hundred and forty-eight and in every third year thereafter.

(d) Notwithstanding any enactment providing that a member of a court appointed by a local authority shall cease to be a member of the court on ceasing to be a member of the local authority, a member of the licensing court or court of appeal who is a county councillor until the day of the election of county councillors shall continue to be a member of the court until his successor is appointed at the first meeting of the county council held after the election.

(e) A justice of the peace who is not entered in the valuation roll for a county or a burgh situated therein as a proprietor, tenant or occupier of lands or heritages shall not be entitled to vote or submit a motion or, except with leave of the meeting, to take part in a discussion in connection with an election by the justices for the county of representatives from their own number to the county licensing court or court of appeal or to a court of appeal from a burgh licensing court or be eligible as a member of any such court.”