Section 128 Abolition of the office of stipendiary magistrateI1

(1)

The office of stipendiary magistrate is abolished.

(2)

Subsection (3) applies to a person who, immediately before this section comes into force, holds office as a full-time stipendiary magistrate.

(3)

The person is to be appointed, by virtue of this subsection, as a summary sheriff unless the person declines the appointment.

(4)

Subsection (3) applies regardless of whether the person is qualified for appointment as a summary sheriff.

(5)

Subsection (6) applies to a person who, immediately before this section comes into force, holds office as a part-time stipendiary magistrate.

(6)

The person is to be appointed, by virtue of this subsection, as a part-time summary sheriff unless the person declines the appointment.

(7)

Subsection (6) applies regardless of whether the person is qualified for appointment as a part-time summary sheriff.

(8)

A person appointed—

(a)

as a summary sheriff by virtue of subsection (3) is to be treated for all purposes as if appointed as such under section 5(2),

(b)

as a part-time summary sheriff by virtue of subsection (6) is to be treated for all purposes as if appointed as such under section 10(1).

Annotations

I1: S. 128 in force at 1.4.2016 by S.S.I. 2016/13, art. 2, Sch. (with art. 3)