Part 4JP courts and JPs

Appointment of JPs etc.

77Records and validity of appointment etc.

(1)

The Scottish Ministers are to maintain (in such form as they consider appropriate)—

(a)

a list of all persons holding office as a JP or stipendiary magistrate,

(b)

a record of—

(i)

the instruments of appointment of those persons,

(ii)

any order removing a JP or stipendiary magistrate from office.

(2)

The Scottish Ministers are to send to the clerk of each sheriff court a copy of the list and record mentioned in subsection (1) so far as relating to JPs and stipendiary magistrates appointed for the sheriffdom containing that sheriff court.

(3)

Where a sheriff clerk is sent a copy of something under subsection (2), the clerk is to make it available (in such form as the clerk considers appropriate) for public inspection.

(4)

No appointment of a JP, nor any act of a JP, is invalidated solely because—

(a)

provision made under section 67(5) is not complied with,

(b)

the residential requirement referred to in section 68(1) is not met, or

(c)

a condition imposed under section 68(2) is not met.

(5)

No appointment of a stipendiary magistrate, nor any act of a stipendiary magistrate, is invalidated solely because—

(a)

provision made under section 74(9) is not complied with, or

(b)

a condition imposed by virtue of section 75(3)(a) is not met.