Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)

Yn ddilys o 13/12/2010

SCHEDULE 7 S MODIFICATIONS OF ENACTMENTS

Yn ddilys o 28/03/2011

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

78 S The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 is amended as follows.

79 S In section 7 (liberation on undertaking), in subsection (2), paragraphs (c), (e), (f) and (g) are repealed.

80 S In section 74 (appointment of stipendiary magistrates), subsection (6) is repealed.

81 S After section 74 insert—

“74A Exercise 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).”.

82 S In section 76 (signing functions)—

(a) in subsection (2), for “signing functions in the same manner as” substitute “ the same signing functions as are exercisable by ”, and

(b) subsection (4) is repealed.

83 S In the schedule (modification of enactments)—

(a) paragraph 3(b) is repealed, and

(b) in paragraph 26––

(i) the words “(in addition to the provisions amended by paragraphs 7(4) and 16(a))” are repealed, and

(ii) sub-paragraph (b) is repealed.