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District Courts (Scotland) Act 1975

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This is the original version (as it was originally enacted).

17Allowances

(1)Subject to the provisions of this section, a justice of the peace shall be entitled to receive payments at the prescribed rates by way of travelling allowance or subsistence allowance where expenditure on travelling or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any of his duties as a justice, and to receive payments at the prescribed rate by way of financial loss allowance where for that purpose there is incurred by him any other expenditure to which he would not otherwise be subject or there is suffered by him any loss of earnings or of benefit under the National Insurance Acts 1965 to 1973 which he would otherwise have made or received.

(2)For the purposes of this section, the duties of a justice shall not include any duties performed as a member of a licensing court or a court of appeal.

(3)A justice attending a meeting of justices authorised by or under any enactment or approved by the Secretary of State for the purposes of this section shall be deemed to be acting in the performance of his duties as a justice.

(4)For the purposes of this section, a justice attending a course of instruction provided in accordance with arrangements made by the Secretary of State or by a justices' committee, by virtue of section 14 of this Act, or such other course as may be approved by the Secretary of State, shall be deemed to be acting in the performance of his duties as a justice.

(5)A justice shall not be entitled to any payment under this section in respect of any duties if, in respect of those duties, a payment of the like nature may be paid to him under arrangements made apart from this section or if regulations provide that this section shall not apply.

(6)An allowance payable under this section to a justice for any area in respect of his duties as such shall be paid by the local authority concerned.

(7)Regulations may make provision as to the manner in which this section is to be administered and, in particular—

(a)for prescribing the rates of allowances and the forms to be used and the particulars to be provided for the purpose of claiming payment thereof;

(b)for avoiding duplication between payments under this section and under other arrangements where expenditure is incurred for more than one purpose, and otherwise for preventing abuse.

(8)Regulations for the purposes of this section shall be made by the Secretary of State by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(9)The provisions of this section do not apply to stipendiary magistrates.

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