SCHEDULE 5MODIFICATIONS OF ENACTMENTS

PART 10JUSTICE OF THE PEACE COURTS

Criminal Procedure (Scotland) Act 1995

I139

1

The Criminal Procedure (Scotland) Act 1995 is amended in accordance with this paragraph.

2

In section 6(2) (constitution of JP courts), for “stipendiary magistrate” substitute “ summary sheriff ”.

3

In section 7 (jurisdiction and powers of JP courts), subsection (5) is repealed.

4

In section 245A (restriction of liberty orders), subsection (9) is repealed.

5

In section 248C(1) (power to prescribe courts to which sections 248A and 248B apply), the words from “and, without prejudice” to the end are repealed.

6

In section 249(8) (compensation orders)—

a

in paragraph (a), the words “, or a stipendiary magistrate,” are repealed, and

b

in paragraph (b), the words “(other than a stipendiary magistrate)” are repealed.

7

In section 307(1) (interpretation)—

a

in the definition of “justice”, the words “stipendiary magistrate or” are repealed, and

b

the definition of “stipendiary magistrate” is repealed.