Part 4JP courts and JPs
Appointment of JPs etc.
70Reappointment of JPs
1
A person—
a
whose 5-year term of appointment as a JP has expired, or
b
who has resigned from office as a JP,
is eligible for reappointment.
2
And a person who is eligible under subsection (1)(a) is to be reappointed except where—
a
the person declines the reappointment,
F2b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
the person is disqualified under section 73,
d
the sheriff principal for the sheriffdom for which the person was appointed as a JP makes a recommendation to the Scottish Ministers against the reappointment.
3
A recommendation for the purpose of subsection (2)(d) may be made—
a
on the ground that the JP has inadequately performed the functions of a JP,
b
on the ground that the JP has, without good reason, failed to meet a condition imposed under section 68(2),
c
on the ground that the JP does not ordinarily reside in the sheriffdom of appointment or within 15 miles of it,
d
on such other ground as the sheriff principal considers relevant.
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Where a person is reappointed as a JP under subsections (1)(a) and (2) (including on a second or subsequent occasion), an oath–
a
previously taken by the person as required by section 6 of the Promissory Oaths Act 1868 (and in accordance with the Promissory Oaths Act 1871) in relation to the person's appointment as a JP under subsection (1) of section 67, or
b
which by virtue of subsection (9) of section 67 counts in relation to the person's appointment as a JP under subsection (1) of that section,
also counts in relation to the person's reappointment as a JP by virtue of subsections (1)(a) and (2).