{
  "url": "https://openlegislation.uk/criminal-procedure-scotland-act-1995/schedule-9A/paragraph-2",
  "json_url": "https://openlegislation.uk/criminal-procedure-scotland-act-1995/schedule-9A/paragraph-2.json",
  "legislation": "ukpga/1995/46",
  "legislation_title": "Criminal Procedure (Scotland) Act 1995",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-scotland-act-1995",
  "path": "schedule/9A/paragraph/2",
  "kind": "paragraph",
  "number": "2",
  "heading": null,
  "text": "(1) Subject to the following provisions of this paragraph, a person shall hold and vacate office as a member of the Commission, or as chairman of the Commission, in accordance with the terms of his appointment.\n(2) An appointment as a member of the Commission may be full-time or part-time.\n(3) The appointment of a person as a member of the Commission, or as chairman of the Commission, shall be for a fixed period of not longer than five years.\n(4) Subject to sub-paragraph (5) below, a person whose term of appointment as a member of the Commission, or as chairman of the Commission, expires shall be eligible for re-appointment.\n(5) No person may hold office as a member of the Commission for a continuous period which is longer than ten years.\n(6) A person may at any time resign his office as a member of the Commission, or as chairman of the Commission, by notice in writing addressed to Her Majesty.\n(7) Her Majesty may at any time remove a person from office as a member of the Commission if satisfied—\n(a) that he has without reasonable excuse failed to discharge his functions as a member for a continuous period of three months beginning not earlier than six months before that time;\n(b) that he has been convicted of a criminal offence;\n(c) that a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or\n(d) that he is unable or unfit to discharge his functions as a member.\n(8) If the chairman of the Commission ceases to be a member of the Commission he shall also cease to be chairman.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 9A inserted (1.1.1998) by 1997 c. 48, s. 25(2); S.I. 1997/3004, art. 2, Sch. (subject to arts. 4, 5)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1995/46/schedule/9A/paragraph/2",
    "retrieved_at": "2026-11-05T03:43:46.035735+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."
}