Part IIS Justices and Clerks of the Peace

Justices of the peaceS

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

(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.

Textual Amendments