Part II Justices and Clerks of the Peace

Justices of the peace

12 Disqualification in certain cases of justices who are members of local authorities.

1

A justice of the peace who is a member of a local authority within the meaning of the F1Local Government etc. (Scotland) Act 1994 shall not act as a member of a district court in any proceedings brought by or against, or by way of appeal from a decision of, the authority or any committee or officer of the authority.

2

For the purposes of the foregoing subsection—

a

any reference to a committee of a local authority includes a joint committee, joint board, joint authority or other combined body of which that authority is a member or on which it is represented; and

b

any reference to an officer of a local authority refers to a person employed or appointed by the authority or a committee thereof in the capacity in which he is employed or appointed to act, but does not include a district prosecutor.