Explanatory Notes

Criminal Proceedings etc. (Reform) (Scotland) Act 2007

2007 asp 6

22 February 2007


Part 4 – Jp Courts and Jps

Appointment of JPs etc.

Section 73: Disqualification where sequestration or bankruptcy

401.This section mirrors section 13A of the 1975 Act. It prevents someone from being appointed as a JP or, if they have been appointed, from acting as a JP, if their estate has been sequestrated in Scotland or if the person has been adjudged bankrupt outside Scotland. The disqualification ceases, however, if the circumstances set out in subsections (2) and (3) apply.

402.Under section 70(2)(c) of this Act, a JP whose estate has been sequestrated in Scotland, or who has been adjudged bankrupt, may not be reappointed as a JP at the end of their five year term of appointment.