{
  "url": "https://openlegislation.uk/stipendiary-magistrates-scotland-order-2010/article-4",
  "json_url": "https://openlegislation.uk/stipendiary-magistrates-scotland-order-2010/article-4.json",
  "legislation": "ssi/2010/142",
  "legislation_title": "The Stipendiary Magistrates (Scotland) Order 2010",
  "legislation_url": "https://openlegislation.uk/stipendiary-magistrates-scotland-order-2010",
  "path": "article/4",
  "kind": "article",
  "number": "4",
  "heading": "Membership of a SMAC",
  "text": "(1) A SMAC shall comprise—\n(a) the sheriff principal of the sheriffdom for which the stipendiary magistrate or magistrates are be appointed;\n(b) the holder of a judicial office appointed by the sheriff principal; and\n(c) one other person appointed by the sheriff principal.\n(2) A person may not be appointed as a member of a SMAC if that person is—\n(a) a member of the House of Commons or the House of Lords;\n(b) a member of the Scottish Parliament; or\n(c) a local authority councillor.\n(3) A person shall cease to be a member of a SMAC if they become a person described in paragraph (2).\n(4) In the event of a vacancy arising in a SMAC the sheriff principal must appoint a successor.\n(5) The sheriff principal must be the convenor of a SMAC.\n(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2010/142/article/4",
    "retrieved_at": "2026-10-28T21:56:20.296392+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}