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

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Changes over time for: Section 76

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76Signing functionsS

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(1)A person who is a JP F1... may not exercise the judicial functions of office (but may exercise signing functions) if the person is—

(a)a member of a local authority,

(b)a member of the Scottish Parliament,

(c)a member of the House of Commons or the House of Lords.

(2)A member of a local authority, despite not being a JP, may exercise [F2the same signing functions as are exercisable by] a JP.

(3)Where a member of a local authority exercises a signing function, the document, declaration or certificate concerned has effect—

(a)as if that function were exercised by a JP,

(b)even where that document, declaration or certificate requires (or bears to require) to be signed, authenticated or given by a JP,

if the words “member of a local authority” appear on it adjacent to the member's signature.

F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)A JPF4... or member of a local authority may not charge a fee for exercising signing functions.

(6)In this Part, “signing functions” are—

(a)signing any document for the purpose of authenticating another person's signature,

(b)taking and authenticating by signature any written declaration,

(c)giving a signed certificate of—

(i)facts within the giver's knowledge, or

(ii)the giver's opinion as to any matter.

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