SCHEDULEAbolition of the office of stipendiary magistrate and introduction of the office of summary sheriff

Article 5

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

1.

In Group A of Part I of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 19806 (persons ineligible for jury service: the judiciary), after paragraph (c) insert—

“(ca)

summary sheriffs;”.

Prisons (Scotland) Act 1989

2.

(1)

Section 15 of the Prisons (Scotland) Act 19897 (right of sheriff or justice to visit prison) is amended as follows.

(2)

In sub-section (1), after “sheriff” insert “, summary sheriff”.

(3)

In sub-section (2), after “sheriff” insert “, summary sheriff”.

Criminal Justice (Scotland) Act 2003

3.

In section 42 of the Criminal Justice (Scotland) Act 20038 (drugs courts), for subsection (2) substitute—

“(2)

It may be prescribed that there is to be a drugs court within a sheriffdom or sheriff court district, in which case the sheriff principal is, subject to subsection (1), to nominate a court within that sheriffdom or, as the case may be, sheriff court district to be a drugscourt.”.

Criminal Justice and Licensing (Scotland) Act 2010

4.

In paragraph 1(3)(c) of schedule 1 to the Criminal Justice and Licensing (Scotland) Act 20109 (the Scottish Sentencing Council: membership), for “justice of the peace or stipendiary magistrate” substitute “summary sheriff or justice of the peace”.

Police and Fire Reform (Scotland) Act 2012

5.

(1)

The Police and Fire Reform (Scotland) Act 201210 is amended as follows.

(2)

In section 10(1) (declaration of constable of the Police Service of Scotland)11, after “sheriff” insert “, summary sheriff”.

(3)

In section 16(3) (temporary service as constable of the Police Service of Scotland), after “sheriff” insert “, summary sheriff”.