# The Stipendiary Magistrates (Scotland) Order 2010, Article 4: Membership of a SMAC


(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.

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Source: https://www.legislation.gov.uk/ssi/2010/142/article/4 (the official version)
Page: https://openlegislation.uk/stipendiary-magistrates-scotland-order-2010/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.