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)[F1The Scottish Courts and Tribunals Service is, in accordance with a scheme devised by it and after consultation with the Scottish Ministers], 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.
Textual Amendments
F1Words in s. 68(4) substituted (1.4.2018) by The Courts Reform (Scotland) Act 2014 (Consequential and Supplemental Provisions) Order 2018 (S.S.I. 2018/93), arts. 1, 3
Commencement Information
I1S. 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