Office of Public Sector Information

76 Signing functions

(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.

77 Records and validity of appointment etc.

(1) The Scottish Ministers are to maintain (in such form as they consider appropriate)—

(a) a list of all persons holding office as a JP or stipendiary magistrate,

(b) a record of—

(i) the instruments of appointment of those persons,

(ii) any order removing a JP or stipendiary magistrate from office.

(2) The Scottish Ministers are to send to the clerk of each sheriff court a copy of the list and record mentioned in subsection (1) so far as relating to JPs and stipendiary magistrates appointed for the sheriffdom containing that sheriff court.

(3) Where a sheriff clerk is sent a copy of something under subsection (2), the clerk is to make it available (in such form as the clerk considers appropriate) for public inspection.

(4) No appointment of a JP, nor any act of a JP, is invalidated solely because—

(a) provision made under section 67(5) is not complied with,

(b) the residential requirement referred to in section 68(1) is not met, or

(c) a condition imposed under section 68(2) is not met.

(5) No appointment of a stipendiary magistrate, nor any act of a stipendiary magistrate, is invalidated solely because—

(a) provision made under section 74(9) is not complied with, or

(b) a condition imposed by virtue of section 75(3)(a) is not met.

Part 5 Inspection of the Crown Office and Procurator Fiscal Service

78 Appointment of Inspector

(1) There is to be an officer known as Her Majesty’s Chief Inspector of Prosecution in Scotland (in this section and section 79 referred to as the “Inspector”).

(2) The Inspector is to be an individual person appointed by the Lord Advocate.

(3) A person—

(a) is to be appointed as Inspector for such period as the Lord Advocate may determine,

(b) may be reappointed as Inspector.

(4) A person appointed as Inspector—

(a) may, by giving notice to the Lord Advocate, resign from office,

(b) otherwise, holds and vacates office in accordance with the terms and conditions of appointment.

(5) Any person authorised by the Inspector for the purpose may exercise, on behalf of the Inspector, any function of the Inspector.

79 The Inspector’s functions

(1) The Inspector is to secure the inspection of the operation of the Crown Office and Procurator Fiscal Service (in this section referred to as the “Service”).

(2) The Inspector is to submit to the Lord Advocate a report on any particular matter connected with the operation of the Service which the Lord Advocate refers to the Inspector.

(3) In the exercise of the function conferred by subsection (1) or (2), the Inspector may require any person directly involved in the operation of the Service to provide the Inspector with information.

(4) For the purposes of subsection (3), information—

(a) may be of a general or specific character,

(b) includes information in electronic or documentary form.

(5) The Scottish Ministers may require the Inspector to provide them with details of the expenditure incurred (or to be incurred) for the purposes of the Inspector’s functions.

(6) The Inspector must submit to the Lord Advocate an annual report on the exercise of the Inspector’s functions.

(7) Before submitting a report under subsection (6), the Inspector must—

(a) submit a draft report to the Lord Advocate, and

(b) allow the Lord Advocate to comment on its contents.

(8) The Lord Advocate must lay before the Parliament every report submitted under subsection (6).

(9) In exercising the functions conferred on the Inspector by this section (except as relating to any administrative requirement as to reports and expenditure), the Inspector is to act independently of any other person.

(10) In this section, references to the operation of the Service mean the operation of—

(a) the Service as a whole, and

(b) the Service from place to place, by reference to—

(i) Crown Office,

(ii) any Procurator Fiscal.