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

Yn ddilys o 28/03/2011

[F174AExercise of functions by stipendiary magistratesS

This adran has no associated Nodiadau Esboniadol

(1)A stipendiary magistrate may, by reason of holding that office—

(a)exercise the same judicial and signing functions as are exercisable by a JP,

(b)do so in the same manner as a JP (including by using the title of office of JP).

(2)For the purpose of subsection (1)—

(a)the acts of a stipendiary magistrate are valid as if the magistrate were a JP,

(b)it does not matter if an enactment from which a JP derives authority to act in a specific case does not bear to give equivalent authority to a stipendiary magistrate.

(3)However, subsections (1) and (2) are subject to any provision of an enactment which expressly excludes a stipendiary magistrate from acting in a specific case.

(4)This section does not limit any other functions of a stipendiary magistrate (in particular, those exercisable in that capacity only).]

Textual Amendments

F1S. 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.