Paragraph 9 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sch. 1 para. 4(1)(a)(iii) repealed by Crofting and Scottish Land Court Act 2026 s. 52(2)(a)(i)(B)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sch. 1 para. 4(5)(c) repealed by Crofting and Scottish Land Court Act 2026 s. 52(2)(c)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)

The Scottish Ministers may remove a member of the Commission from office, by giving notice in writing to the member, if satisfied that the member—

(a)

is insolvent;

(b)

has been convicted of a criminal offence in relation to which the member has been sentenced to imprisonment for a period of 3 months or more;

(c)

is incapacitated by physical illness or mental disorder;

(d)

has been absent from meetings of the Commission for a period exceeding 6 months without the permission of the convener;

(e)

is otherwise unable or unfit to exercise the functions of a member or is unsuitable to continue as a member.

(2)

In sub-paragraph (1)(a), a member is insolvent when—

(a)

the member's estate is sequestrated;

(b)

the member is adjudged bankrupt;

(c)

a voluntary arrangement proposed by the member is approved;

(d)

the member enters into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor;

(e)

the member grants a trust deed for creditors.

(3)

Where—

(a)

an elected member is removed from office under sub-paragraph (1); 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 removed member held office as a member;

(b)

polled, in that election, fewer votes than the removed member; 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))