# Criminal Justice and Licensing (Scotland) Act 2010, Paragraph 81


After section 74 insert—
“Exercise of functions by stipendiary magistrates
74A (1) A stipendiary magistrate may, by reason of holding that office—
(a) exercise the same judicial and signing functions as are exercisable by a JP,
(b) do so in the same manner as a JP (including by using the title of office of JP).
(2) For the purpose of subsection (1)—
(a) the acts of a stipendiary magistrate are valid as if the magistrate were a JP,
(b) it does not matter if an enactment from which a JP derives authority to act in a specific case does not bear to give equivalent authority to a stipendiary magistrate.
(3) However, subsections (1) and (2) are subject to any provision of an enactment which expressly excludes a stipendiary magistrate from acting in a specific case.
(4) This section does not limit any other functions of a stipendiary magistrate (in particular, those exercisable in that capacity only).”.

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Source: https://www.legislation.gov.uk/asp/2010/13/schedule/7/paragraph/81 (the official version)
Page: https://openlegislation.uk/criminal-justice-and-licensing-scotland-act-2010/schedule-7/paragraph-81
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.