District Courts (Scotland) Act 1975 (repealed)

9 Appointment and removal of justices. S

(1) Subject to the provisions of this section, there shall, in Scotland, be a commission of the peace for each commission area; and the commission for any commission area shall be a commission under the Great Seal addressed generally, and not by name, to all such persons as may from time to time hold office as justices of the peace for the commission area.

(2) Justices of the peace for any commission area, other than stipendiary magistrates and ex officio justices, shall be appointed by name on behalf and in the name of Her Majesty by instrument under the hand of the Secretary of State, F1 . . ..

[F2 (2A) That instrument shall specify whether the appointment is as a full justice or as a signing justice, and the name of any signing justice so appointed shall be entered in the supplemental list.

F2 (2B) A signing justice may, subject to sections 9A, 12 and 15(1) of this Act, be appointed under subsection (2) above as a full justice.]

[F3 (2C) A signing justice may, in the name of Her Majesty and by instrument under the hand of the Scottish Ministers, be removed from office.]

(3) Subject to subsection (4) below and section 10 of this Act, a person shall not be appointed to hold office as a justice of the peace for any commission area under subsection (2) above and shall not act as a justice for that area unless he lives in or within 15 miles of that area.

(4) The residential requirements mentioned in subsection (3) above shall not apply in any case where it appears to the Secretary of State to be in the public interest that those requirements should not apply and he so directs; and, where any such direction relates to the appointment of any person as a justice for any commission area, it shall have effect, and shall be treated for the purposes of this Act, as an instrument appointing that person to hold office as a justice for that area in accordance with subsection (2) above.

(5) A direction given under subsection (4) above may be made subject to such conditions as the Secretary of State thinks fit.

(6) Where a direction given under subsection (4) above is rescinded by a further direction and at that time the justice to whom it relates does not meet the residential requirements mentioned in subsection (3) above, that further direction shall have effect, and shall be treated for the purposes of this Act, as [F4 if it were an instrument made under subsection (7) below removing the justice from office].

(7) Where a person appointed justice of the peace for any area is not qualified under the foregoing provisions of this section to act by virtue of the appointment, he shall be removed from office by an instrument [F5 in the name of Her Majesty under the hand of the Scottish Ministers, if they are] of the opinion that the appointment ought not to continue having regard to the probable duration and other circumstances of the want of qualification.

(8) No appointment of a justice of the peace nor any act of a justice shall be invalidated by reason only of the fact that a justice of the peace so appointed or so acting does not meet the residential requirements mentioned in subsection (3) above, or does not comply with any condition imposed by the Secretary of State under subsection (5) above.

[F6 (8A) In making appointments of justices of the peace, the Scottish Ministers shall comply with such requirements as to procedure and consultation as may be prescribed by regulations made by them.

F6 (8B) Regulations under subsection (8A) above shall be made by statutory instrument.

F6 (8C) No such regulations shall be made unless laid in draft before, and approved by resolution of, the Scottish Parliament.]

(9) There shall be kept and maintained by the Secretary of State—

(a) a record of all persons for the time being holding office as a justice of the peace;

(b) the instruments of appointment (if any) of those persons;

[F7 (bb) a record of orders under section 9A(1) of this Act which have come into operation;]

(c) the instruments of removal (if any) of those who have held that office; and

(d) the supplemental list provided for by section 15 below.

(10) The Secretary of State shall cause to be transmitted to the clerk of the peace for each commission area a copy of any instrument appointing or removing a justice of the peace for that area in accordance with subsection (2) [F8 , (2C) or (7) above or section 11(7) of this Act] and notification of the names of any justices [F9 whose names have been entered in] the supplemental list.

(11) Subject to any express amendment or repeal made by this Act, any enactment passed or instrument made before the passing of this Act shall have effect on and after 16th May 1975 as if—

(a) any reference to a person appointed justice by a commission of the peace or to a person being removed from a commission of the peace were a reference to his being appointed or removed from office in accordance with the provisions of this Act; and

(b) any reference to a supplemental list in connection with the commission of peace for any area were a reference to the supplemental list kept by virtue of this Act.

[F10 (12) In this section—

• a “full justice” means a justice of the peace who is qualified as a justice to do any act (including any function of a judicial nature) or to be a member of any committee or other body; and

• a “signing justice” means a justice of the peace who is qualified only to do all or any of the acts as a justice set out in section 15(9) of this Act.]

Textual Amendments

F1 Words in s. 9(2) repealed (9.8.2000) by 2000 asp 9, ss. 9(3), 12, Sch. para. 2(1)(a)

F2 S. 9(2A)(2B) inserted (9.8.2000) by 2000 asp 9, s. 8(a)

F3 S. 9(2C) inserted (9.8.2000) by 2000 asp 9, s. 9(2)(3)

F4 Words in s. 9(6) substituted (9.9.2000) by 2000 asp 9, ss. 9(3), 12, Sch. para. 2(1)(b)

F5 Words in s. 9(7) substituted (9.8.2000) by 2000 asp 9, s. 9(3), 12, Sch. para. 2(1)(c)

F6 S. 9(8A)(8B)(8C) inserted (9.8.2000) by 2000 asp 9, s. 8(b)

F7 S. 9(9)(bb) inserted (9.8.2000) by 2000 asp 9, ss. 9(3), 12, Sch. para. 2(1)(d)

F8 Words in s. 9(10) substituted (9.8.2000) by 2000 asp 9, ss. 9(3), 12, Sch. para. 2(1)(e)(i)

F9 Words in s. 9(10) substituted (9.8.2000) by 2000 asp 9, ss. 9(3), 12, Sch. para. 2(1)(e)(ii)

F10 S. 9(12) inserted (9.8.2000) by 2000 asp 9, s. 8(c)