PART 9JUSTICE OF THE PEACE COURTS

I1128Abolition of the office of stipendiary magistrate

1

The office of stipendiary magistrate is abolished.

2

Subsection (3) applies to a person who, immediately before this section comes into force, holds office as a full-time stipendiary magistrate.

3

The person is to be appointed, by virtue of this subsection, as a summary sheriff unless the person declines the appointment.

4

Subsection (3) applies regardless of whether the person is qualified for appointment as a summary sheriff.

5

Subsection (6) applies to a person who, immediately before this section comes into force, holds office as a part-time stipendiary magistrate.

6

The person is to be appointed, by virtue of this subsection, as a part-time summary sheriff unless the person declines the appointment.

7

Subsection (6) applies regardless of whether the person is qualified for appointment as a part-time summary sheriff.

8

A person appointed—

a

as a summary sheriff by virtue of subsection (3) is to be treated for all purposes as if appointed as such under section 5(2),

b

as a part-time summary sheriff by virtue of subsection (6) is to be treated for all purposes as if appointed as such under section 10(1).