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Article 4 Membership of a SMAC

Original text. Later amendments are not shown.

(1)

A SMAC shall comprise—

(a)

the sheriff principal of the sheriffdom for which the stipendiary magistrate or magistrates are be appointed;

(b)

the holder of a judicial office appointed by the sheriff principal; and

(c)

one other person appointed by the sheriff principal.

(2)

A person may not be appointed as a member of a SMAC if that person is—

(a)

a member of the House of Commons or the House of Lords;

(b)

a member of the Scottish Parliament; or

(c)

a local authority councillor.

(3)

A person shall cease to be a member of a SMAC if they become a person described in paragraph (2).

(4)

In the event of a vacancy arising in a SMAC the sheriff principal must appoint a successor.

(5)

The sheriff principal must be the convenor of a SMAC.

(6)

The sheriff principal may nominate the holder of a judicial office to sit as a member of a SMAC in his or her place, however such a nominee may not carry out the functions in paragraphs (1)(b) and (c) and (4) of appointing the other members of the SMAC.