Search Legislation

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

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Appointment of JPs etc.

 Help about opening options

Version Superseded: 30/11/2016

Status:

Point in time view as at 01/04/2016.

Changes to legislation:

There are currently no known outstanding effects for the Criminal Proceedings etc. (Reform) (Scotland) Act 2007, Cross Heading: Appointment of JPs etc.. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Appointment of JPs etc.S

67Appointment of JPsS

(1)Justices of the peace are to be appointed by name on behalf of and in the name of Her Majesty by instrument under the hand of the Scottish Ministers.

(2)A JP is to be appointed for a sheriffdom.

(3)An appointment of a JP is to be for a term of 5 years.

(4)However, a JP—

(a)may resign from office by giving notice to the Scottish Ministers,

[F1(b)ceases to hold office when the JP retires from office.]

(5)In making appointments of JPs, except—

(a)appointments under subsection (7)(b),

(b)reappointments under section 70(2),

the Scottish Ministers must comply with such provision as to procedure and consultation as they may by order make.

(6)Provision in an order under subsection (5) may, in particular, relate to—

(a)the participation in the appointments process of persons who are not—

(i)legally qualified,

(ii)involved in the administration of the law or of government,

(b)the manner in which vacancies in office are publicised.

(7)A person who, on the coming into force of this section, holds the office of justice of the peace under the 1975 Act—

(a)ceases to hold that office under that Act on such day as the Scottish Ministers may by order specify for the purpose of this subsection, and

(b)is, on the day so specified, to be appointed as a JP under subsection (1) unless the person declines the appointment.

(8)Subsection (7)(b) applies only in relation to the full justices (within the meaning given by section 9 of the 1975 Act) whose names were included in a duty rota of justices (that is, such a rota as approved under section 16(1)(b) of that Act) for any time during the 12 months ending on the day specified as mentioned in that subsection.

[F2(9)Where a person is, by virtue of subsection (7)(b), appointed as a JP under subsection (1), an oath previously taken by the person as required by section 6 of the Promissory Oaths Act 1868 (c. 72) (and in accordance with Promissory Oaths Act 1871 (c. 48)) in relation to the holding by the person of the office of justice of the peace under the 1975 Act also counts in relation to the person's appointment as a JP under subsection (1).]

Textual Amendments

Commencement Information

I1S. 67 wholly in force at 10.12.2007; s. 67 not in force at Royal Assent, see s. 84; s. 67(5)(6) in force at 23.4.2007 by S.S.I. 2007/250, art. 3; s. 67(1)-(4)(7)(8) in force at 10.12.2007 by S.S.I. 2007/479, art. 3, Sch.

68Conditions of officeS

(1)A person is not to be appointed as a JP for a sheriffdom, except where eligible for reappointment under section 70(1)(a), unless the person ordinarily resides in the sheriffdom or within 15 miles of it.

(2)Appointments of JPs are to be made subject to conditions which—

(a)by reference to the JP court business (and business to which signing functions relate) in the sheriffdom, relate to availability to exercise judicial (and signing) functions commensurate to that business,

(b)by reference to an order made under section 69, relate to training and appraisal.

(3)For the purpose of subsection (2)(a)—

(a)the JP court (or signing) business,

(b)any need for availability to exercise judicial (or signing) functions in connection with that business,

means the likely amount as assessed by the sheriff principal.

(4)The Scottish Ministers are, in accordance with a scheme devised by them, to pay allowances to JPs.

(5)A scheme under subsection (4) may, in particular—

(a)by reference to functions, specify rates or amounts of allowances,

(b)specify circumstances in which—

(i)allowances are not payable,

(ii)a rate or amount of allowances payable is reduced,

(c)provide for procedure for claiming and paying allowances.

Commencement Information

I2S. 68 wholly in force at 22.2.2010; s. 68 not in force at Royal Assent, see s. 84; s. 68(1)-(3) in force at 10.12.2007 by S.S.I. 2007/479, art. 3, Sch.; s. 68(4)(5) in force for certain purposes at 10.3.2008, 2.6.2008, 8.12.2008, 23.2.2009, 14.12.2009 and 22.2.2010 otherwise by S.S.I. 2008/42, art. 3, Sch.; S.S.I. 2008/192, art. 3, Sch.; S.S.I. 2008/329, art. 3, Sch.; S.S.I. 2008/362, art. 3, Sch.; S.S.I. 2009/432, art. 3(1)(2), Sch. 1, Sch. 2

69Training and appraisal of JPsS

(1)The [F3Lord President of the Court of Session] may by order make provision as to—

(a)training arrangements for JPs and future JPs, and

(b)appraisal of JPs.

(2)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)An order under subsection (1) may, in particular, establish committees to—

(a)secure— adopt or develop suitable—

(i)training schemes or courses of instruction,

(ii)appraisal systems,

(b)(i)the provision of such schemes or courses,

(ii)the application of such systems,

(c)provide advice about training and appraisal.

(4)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Words in s. 69(1) substituted (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 42(2), 76; S.S.I. 2010/39, art. 2, Sch. (with art. 5)

70Reappointment of JPsS

(1)A person—

(a)whose 5-year term of appointment as a JP has expired, or

(b)who has resigned from office as a JP,

is eligible for reappointment.

(2)And a person who is eligible under subsection (1)(a) is to be reappointed except where—

(a)the person declines the reappointment,

F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the person is disqualified under section 73,

(d)the sheriff principal for the sheriffdom for which the person was appointed as a JP makes a recommendation to the Scottish Ministers against the reappointment.

(3)A recommendation for the purpose of subsection (2)(d) may be made—

(a)on the ground that the JP has inadequately performed the functions of a JP,

(b)on the ground that the JP has, without good reason, failed to meet a condition imposed under section 68(2),

(c)on the ground that the JP does not ordinarily reside in the sheriffdom of appointment or within 15 miles of it,

(d)on such other ground as the sheriff principal considers relevant.

[F6(4)Where a person is reappointed as a JP under subsections (1)(a) and (2) (including on a second or subsequent occasion), an oath–

(a)previously taken by the person as required by section 6 of the Promissory Oaths Act 1868 (and in accordance with the Promissory Oaths Act 1871) in relation to the person's appointment as a JP under subsection (1) of section 67, or

(b)which by virtue of subsection (9) of section 67 counts in relation to the person's appointment as a JP under subsection (1) of that section,

also counts in relation to the person's reappointment as a JP by virtue of subsections (1)(a) and (2).]

71Removal of JPsS

(1)A JP may be removed from office by, and only by, an order made under subsection (2).

(2)A tribunal appointed by the Lord President of the Court of Session may order the removal of a JP from office.

(3)The tribunal is to consist of three members, namely—

(a)a sheriff principal,

(b)a person who is, and has been for at least 10 years, a solicitor or advocate,

(c)another person.

(4)The sheriff principal member of the tribunal must not be—

(a)the sheriff principal for the sheriffdom for which the JP is appointed,

(b)a temporary sheriff principal.

(5)The sheriff principal member of the tribunal is to chair the tribunal.

(6)The tribunal may make an order under subsection (2) only if, after investigation carried out at the instance of the sheriff principal for the sheriffdom for which the JP is appointed, it finds that—

(a)the JP is—

(i)unfit for that office, or

(ii)unfit for performing judicial functions,

by reason of inability, neglect of duty or misbehaviour,

(b)the JP has inadequately performed the functions of a JP,

(c)the JP has, without good reason, failed to meet a condition imposed under section 68(2).

(7)The [F7Court of Session may by act of sederunt] make provision—

(a)as respects the tribunal,

(b)authorising a specified body or class of persons to recommend (by reference to information provided with the recommendation) to a sheriff principal that an investigation for the purposes of subsection (6) be carried out.

(8)Provision in an [F8act of sederunt] under subsection (7)(a) may, in particular—

(a)prescribe the tribunal's procedures,

(b)enable the tribunal, at any time during an investigation, to suspend a JP from office or from acting as a JP.

(9)A person who is removed from office as a JP is ineligible for reappointment as a JP.

Textual Amendments

F7Words in s. 71(7) substituted (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 41(2), 76; S.S.I. 2010/39, art. 2, Sch. (with art. 5)

F8Words in s. 71(8) substituted (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 41(3), 76; S.S.I. 2010/39, art. 2, Sch. (with art. 5)

[F971ARe-employment of former JPsS

(1)A sheriff principal of a sheriffdom may appoint a qualifying former JP to act as a JP of the sheriffdom.

(2)An individual appointed to act as mentioned in subsection (1) may so act only during such periods or on such occasions as the sheriff principal may determine.

(3)A sheriff principal may make an appointment under subsection (1) only if it appears to the sheriff principal to be expedient as a temporary measure in order to facilitate the efficient disposal of business in the JP courts of the sheriffdom.

(4)A “qualifying former JP” is an individual who—

(a)ceased to hold that office other than—

(i)by virtue of an order under section 71,

(ii)by virtue of not being reappointed to the office on the ground mentioned in section 70(2)(d),

(b)has not reached the age of 75, and

(c)is not disqualified under section 73.

71BRe-employment of former JPs: further provisionS

(1)Subject to subsection (3), an individual’s appointment under section 71A lasts until the sheriff principal by whom the individual was appointed (or a successor to that sheriff principal) recalls the individual’s appointment.

(2)An individual appointed under section 71A(1) to act as a JP of a sheriffdom may exercise in the sheriffdom the jurisdiction and powers that attach to the office of JP.

(3)An individual’s appointment under section 71A(1) ceases when that individual reaches the age of 75.

(4)Despite the ending (whether by virtue of subsection (3) or otherwise) of an individual’s appointment under section 71A(1)—

(a)the individual may continue to deal with, give judgment in or deal with an ancillary matter relating to, a case begun before the individual while acting under that appointment,

(b)so far as is necessary for that purpose, and for the purpose of any subsequent proceedings arising out of the case or the matter, the individual is to be treated as acting, or as the case may be, having acted under that appointment.

(5)The Scottish Court Service may pay to a former JP appointed under section 71A(1) such allowances as the Scottish Ministers may determine.]

72Disqualification of solicitors who are JPsS

(1)A solicitor who is a JP is disqualified from acting (whether directly or indirectly) as a solicitor in, or in connection with, any proceedings before a JP court in the sheriffdom for which the appointment as JP is made.

(2)A disqualification of a solicitor under subsection (1)—

(a)extends to any member of staff of the solicitor,

(b)where the solicitor is a partner of a partnership or is a member of a limited liability partnership, extends to any—

(i)member of staff of the partnership,

(ii)any other partner or (as the case may be) member of the partnership.

73Disqualification where sequestration or bankruptcyS

(1)A person is disqualified from being appointed as, or acting as, a JP if—

(a)the person's estate has been sequestrated in Scotland, or

(b)the person has been adjudged bankrupt outwith Scotland.

(2)Where a person is disqualified under subsection (1)(a), the disqualification ceases if—

(a)the award of sequestration is recalled or reduced, or

(b)the person is discharged by virtue of the Bankruptcy (Scotland) Act 1985 (c. 66).

(3)Where a person is disqualified under subsection (1)(b), the disqualification ceases if—

(a)the adjudication of bankruptcy against the person is annulled, or

(b)the person is discharged.

F1074Appointment of stipendiary magistratesS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11 74A Exercise of functions by stipendiary magistratesS

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F11S. 74A inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 203, 206, Sch. 7 para. 81; S.S.I. 2011/178, art. 2, Sch.

F1375Stipendiary magistrates: further provisionS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

76Signing functionsS

(1)A person who is a JP F14... may not exercise the judicial functions of office (but may exercise signing functions) if the person is—

(a)a member of a local authority,

(b)a member of the Scottish Parliament,

(c)a member of the House of Commons or the House of Lords.

(2)A member of a local authority, despite not being a JP, may exercise [F15the same signing functions as are exercisable by] a JP.

(3)Where a member of a local authority exercises a signing function, the document, declaration or certificate concerned has effect—

(a)as if that function were exercised by a JP,

(b)even where that document, declaration or certificate requires (or bears to require) to be signed, authenticated or given by a JP,

if the words “member of a local authority” appear on it adjacent to the member's signature.

F16(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)A JPF17... or member of a local authority may not charge a fee for exercising signing functions.

(6)In this Part, “signing functions” are—

(a)signing any document for the purpose of authenticating another person's signature,

(b)taking and authenticating by signature any written declaration,

(c)giving a signed certificate of—

(i)facts within the giver's knowledge, or

(ii)the giver's opinion as to any matter.

77Records and validity of appointment etc.S

(1)The Scottish Ministers are to maintain (in such form as they consider appropriate)—

(a)a list of all persons holding office as a JP F18...,

(b)a record of—

(i)the instruments of appointment of those persons,

(ii)any order removing a JP F19... from office.

(2)The Scottish Ministers are to send to the clerk of each sheriff court a copy of the list and record mentioned in subsection (1) so far as relating to JPs F20... appointed for the sheriffdom containing that sheriff court.

(3)Where a sheriff clerk is sent a copy of something under subsection (2), the clerk is to make it available (in such form as the clerk considers appropriate) for public inspection.

(4)No appointment of a JP, nor any act of a JP, is invalidated solely because—

(a)provision made under section 67(5) is not complied with,

(b)the residential requirement referred to in section 68(1) is not met, or

(c)a condition imposed under section 68(2) is not met.

F21(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I3S. 77 wholly in force at 22.2.2010; s. 77 not in force at Royal Assent, see s. 84; s. 77(1)(4) in force at 10.12.2007 by S.S.I. 2007/479, art. 3, Sch.; s. 77(2)(3)(5) in force for certain purposes at 10.3.2008, 2.6.2008, 8.12.2008, 23.2.2009, 14.12.2009 and 22.2.2010 otherwise by S.S.I. 2008/42, art. 3, Sch.; S.S.I. 2008/192, art. 3, Sch.; S.S.I. 2008/329, art. 3, Sch.; S.S.I. 2008/362, art. 3, Sch.; S.S.I. 2009/432, art. 3(1)(2), Sch. 1, Sch. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources