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

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This is the original version (as it was originally enacted).

76Signing functions

This section has no associated Explanatory Notes

(1)A person who is a JP or a stipendiary magistrate may not exercise the judicial functions of office (but may exercise signing functions) if the person is—

(a)a member of a local authority,

(b)a member of the Scottish Parliament,

(c)a member of the House of Commons or the House of Lords.

(2)A member of a local authority, despite not being a JP, may exercise signing functions in the same manner as a JP.

(3)Where a member of a local authority exercises a signing function, the document, declaration or certificate concerned has effect—

(a)as if that function were exercised by a JP,

(b)even where that document, declaration or certificate requires (or bears to require) to be signed, authenticated or given by a JP,

if the words “member of a local authority” appear on it adjacent to the member’s signature.

(4)Where in exercising a signing function a stipendiary magistrate uses the title of office of JP, the document, declaration or certificate concerned has effect as if the magistrate were a JP.

(5)A JP, stipendiary magistrate or member of a local authority may not charge a fee for exercising signing functions.

(6)In this Part, “signing functions” are—

(a)signing any document for the purpose of authenticating another person’s signature,

(b)taking and authenticating by signature any written declaration,

(c)giving a signed certificate of—

(i)facts within the giver’s knowledge, or

(ii)the giver’s opinion as to any matter.

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