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The Judicial Pensions and Retirement Act 1993 (Part-time Sheriff, Stipendiary Magistrate and Justice of the Peace) Order 2014

As Enacted Cited authorities 29 Cited in Related
Year2014

2014No. 155

JUSTICE OF THE PEACE COURT

SHERIFF COURT

The Judicial Pensions and Retirement Act 1993 (Part-time Sheriff, Stipendiary Magistrate and Justice of the Peace) Order 2014

29thMay2014

30thMay2014

The Scottish Ministers make the following Order in exercise of the powers conferred by section 2(2) of the European Communities Act 1972( 1) and sections 26(9) and 29(3) of the Judicial Pensions and Retirement Act 1993( 2) and all other powers enabling them to do so.

In accordance with paragraphs 2(2) and 2A(3)(a) of Schedule 2 to the European Communities Act 1972( 3), a draft of this Order has been laid before, and approved by resolution of, the Scottish Parliament.

Citation, commencement and extent

1. (1) This Order may be cited as the Judicial Pensions and Retirement Act 1993 (Part-time Sheriff, Stipendiary Magistrate and Justice of the Peace) Order 2014.

(2) This Order comes into force on the day after the day on which it is made.

(3) This Order extends to Scotland only.

Judicial Pensions and Retirement Act 1993

2. (1) The Judicial Pensions and Retirement Act 1993 is amended in accordance with this article.

(2) In section 27 (completion of proceedings after retirement), subsection (3)(ff) is repealed.

(3) In Schedule 5 (retirement provisions: the relevant offices), after the entry for temporary sheriff principal in Scotland( 4) insert-

"Part-time sheriff in Scotland

Stipendiary magistrate in Scotland

Justice of the peace in Scotland".

Sheriff Courts (Scotland) Act 1971

3. (1) The Sheriff Courts (Scotland) Act 1971( 5) is amended in accordance with this article.

(2) In section 11B( 6) (limitation, termination etc. of appointment of part-time sheriffs)-

(a) for subsection (3), substitute-"(3) A part-time sheriff's appointment comes to an end when the part-time sheriff retires from office."; and(b) subsection (6)(b) is repealed.

(3) In section 14A (re-employment of retired sheriffs principal and sheriffs)-

(a) in subsection (1) for "or sheriff" substitute ", sheriff or part-time sheriff"; and(b) after subsection (3) insert-"(3A) A "qualifying former part-time sheriff" is an individual who-(a) ceased to hold that office other than-(i) by virtue of an order under section 12E; or(ii) by virtue of not being reappointed to the office on either of the grounds mentioned in section 11B(6)(c) and (d); or(iii) by being appointed as a sheriff principal, and(b) has not reached the age of 75.".

Criminal Proceedings etc. (Reform) (Scotland) Act 2007

4. (1) The Criminal Proceedings etc. (Reform) (Scotland) Act 2007( 7) is amended in accordance with this article.

(2) In section 67 (appointment of JPs), for subsection (4)(b) substitute-

"(b) ceases to hold office when the JP retires from office.".

(3) In section 70 (reappointment of JPs), subsection (2)(b) is repealed.

(4) After section 71 (removal of JPs) insert-

(1) A sheriff principal of a sheriffdom may appoint a qualifying former JP to act as a JP of the sheriffdom.(2) An individual appointed to act as mentioned in subsection (1) may so act only during such periods or on such occasions as the sheriff principal may...

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