SCHEDULE 7MODIFICATIONS OF ENACTMENTS

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)

81

After section 74 insert—

74AExercise of functions by stipendiary magistrates

1

A stipendiary magistrate may, by reason of holding that office—

a

exercise the same judicial and signing functions as are exercisable by a JP,

b

do so in the same manner as a JP (including by using the title of office of JP).

2

For the purpose of subsection (1)—

a

the acts of a stipendiary magistrate are valid as if the magistrate were a JP,

b

it does not matter if an enactment from which a JP derives authority to act in a specific case does not bear to give equivalent authority to a stipendiary magistrate.

3

However, subsections (1) and (2) are subject to any provision of an enactment which expressly excludes a stipendiary magistrate from acting in a specific case.

4

This section does not limit any other functions of a stipendiary magistrate (in particular, those exercisable in that capacity only).