Courts Reform (Scotland) Act 2014

128Abolition of the office of stipendiary magistrateS

This section has no associated Explanatory Notes

(1)The office of stipendiary magistrate is abolished.

(2)Subsection (3) applies to a person who, immediately before this section comes into force, holds office as a full-time stipendiary magistrate.

(3)The person is to be appointed, by virtue of this subsection, as a summary sheriff unless the person declines the appointment.

(4)Subsection (3) applies regardless of whether the person is qualified for appointment as a summary sheriff.

(5)Subsection (6) applies to a person who, immediately before this section comes into force, holds office as a part-time stipendiary magistrate.

(6)The person is to be appointed, by virtue of this subsection, as a part-time summary sheriff unless the person declines the appointment.

(7)Subsection (6) applies regardless of whether the person is qualified for appointment as a part-time summary sheriff.

(8)A person appointed—

(a)as a summary sheriff by virtue of subsection (3) is to be treated for all purposes as if appointed as such under section 5(2),

(b)as a part-time summary sheriff by virtue of subsection (6) is to be treated for all purposes as if appointed as such under section 10(1).

Commencement Information

I1S. 128 in force at 1.4.2016 by S.S.I. 2016/13, art. 2, Sch. (with art. 3)