Paragraph 6 F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

sch. 1 para. 3(1) words substituted by Crofting and Scottish Land Court Act 2026 s. 51(2)(a)
sch. 1 para. 3(2) words inserted by Crofting and Scottish Land Court Act 2026 s. 51(2)(b)
sch. 1 para. 3(3)(3A) substituted for sch. 1 para. 3(3) by Crofting and Scottish Land Court Act 2026 s. 51(2)(c)
sch. 1 para. 3(4) words substituted by Crofting and Scottish Land Court Act 2026 s. 51(2)(d)
sch. 1 para. 3(4A) inserted by Crofting and Scottish Land Court Act 2026 s. 51(2)(e)
sch. 1 para. 3(5A)(5B) inserted by Crofting and Scottish Land Court Act 2026 s. 51(2)(f)
sch. 1 para. 4(1)(a) word inserted by Crofting and Scottish Land Court Act 2026 s. 52(2)(a)(i)(A)
sch. 1 para. 4(1)(a)(iii) repealed by Crofting and Scottish Land Court Act 2026 s. 52(2)(a)(i)(B)
sch. 1 para. 4(1)(aa) inserted by Crofting and Scottish Land Court Act 2026 s. 52(2)(a)(ii)
sch. 1 para. 4(1A) inserted by Crofting and Scottish Land Court Act 2026 s. 52(2)(b)
sch. 1 para. 4(5)(c) repealed by Crofting and Scottish Land Court Act 2026 s. 52(2)(c)
sch. 1 para. 12(2A) inserted by Crofting and Scottish Land Court Act 2026 s. 53(2)
sch. 1 para. 13(2)(3) substituted by Crofting and Scottish Land Court Act 2026 s. 53(3)(a)
sch. 1 para. 13(4) words inserted by Crofting and Scottish Land Court Act 2026 s. 53(3)(b)
sch. 1 para. 9(1)(d) words substituted by Crofting and Scottish Land Court Act 2026 sch. 2 para. 1(24)(a)
sch. 1 para. 10(1) word substituted by Crofting and Scottish Land Court Act 2026 sch. 2 para. 1(24)(b)
sch. 1 para. 16(3)(a) words substituted by Crofting and Scottish Land Court Act 2026 sch. 2 para. 1(24)(c)

(1)

A person may resign office as a member of the Commission at any time by notice in writing to the Scottish Ministers.

(2)

A person who ceases to be a member of the Commission (other than by virtue of being removed under paragraph 9) is eligible to be a member of the Commission again (whether by re-appointment or otherwise)

(3)

Where—

(a)

an elected member resigns office under sub-paragraph (1) or otherwise ceases to be a member of the Commission (other than by virtue of being removed under paragraph 9); and

(b)

is not replaced by a person such as is mentioned in sub-paragraph (4) (whether because of the person's refusal to accept office as a member or otherwise),

the Scottish Ministers may appoint (in addition to any person appointed under paragraph 3) a person to be a member of the Commission.

(4)

The person referred to in sub-paragraph (3)(b) is a person who—

(a)

was a candidate in the election by virtue of which the elected member mentioned in sub-paragraph (3)(a) held office as a member;

(b)

polled, in that election, fewer votes than the elected member so mentioned; and

(c)

by virtue of regulations made under paragraph 7, may hold office as a member of the Commission.

Annotations

Textual amendments

F1: Sch. 1 substituted (1.10.2011 for specified purposes, 1.4.2012 in force in so far as not already in force) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 1 (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with arts. 4 5(1) 8); S.S.I. 2011/334, art. 3, sch. Pt. 2 (with arts. 4 5(3))