The Community Justice Authorities (Establishment, Constitution and Proceedings) (Scotland) Order 2006

Explanatory Note

(This note is not part of the Order)

This Order establishes, and makes provision for the constitution of, Community Justice Authorities (referred to in this note as “CJAs”). The number and name of each CJA, and the local authorities responsible for appointing the members of each CJA, are specified in Article 2 of, and the Schedule to, the Order.

Article 3 makes provision for the appointment of members, and substitutes for any members who are unable to attend meetings of the CJA.

Article 4 makes provision for the appointment of a convener and deputy convener for each CJA, and for their periods of office.

Article 5 makes provision for the conduct of meetings, which must be held in public unless the CJA resolves otherwise. Provision is made in article 5(3) for other persons or bodies to attend or be represented, and to participate, at meetings of the CJA, but not to vote.

Article 6 makes provision for voting. Article 7 and the Schedule specify the quorum for each meeting of the CJA.

Article 8 permits each CJA to make and revise Standing Orders for the conduct of business.

Article 9 permits each CJA to establish committees which shall comprise members of the CJA. The CJA may appoint individuals who are not members of the CJA to assist the committee. The committee shall determine its own procedure. It may assist the CJA in the exercise of its functions but not act on behalf of the CJA.

Article 10 provides for the payment of allowances to members of the CJA in accordance with the Local Authorities Etc. (Allowances) (Scotland) Regulations 1995, and expenses to non members of the CJA. The CJA will determine the amount of these expenses.

Article 11 enables a CJA to make arrangements with a relevant local authority for the supply of administrative functions, and other arrangements such as the secondment of staff. The CJA will pay for the reasonable cost of providing those functions or arrangements.

Article 12 makes necessary preliminary arrangements.