{
  "url": "https://openlegislation.uk/crofters-scotland-act-1993/schedule-1/paragraph-9",
  "json_url": "https://openlegislation.uk/crofters-scotland-act-1993/schedule-1/paragraph-9.json",
  "legislation": "ukpga/1993/44",
  "legislation_title": "Crofters (Scotland) Act 1993",
  "legislation_url": "https://openlegislation.uk/crofters-scotland-act-1993",
  "path": "schedule/1/paragraph/9",
  "kind": "paragraph",
  "number": "9",
  "heading": null,
  "text": "(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—\n(a) is insolvent;\n(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;\n(c) is incapacitated by physical illness or mental disorder;\n(d) has been absent from meetings of the Commission for a period exceeding 6 months without the permission of the convener;\n(e) is otherwise unable or unfit to exercise the functions of a member or is unsuitable to continue as a member.\n(2) In sub-paragraph (1)(a), a member is insolvent when—\n(a) the member's estate is sequestrated;\n(b) the member is adjudged bankrupt;\n(c) a voluntary arrangement proposed by the member is approved;\n(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;\n(e) the member grants a trust deed for creditors.\n(3) Where—\n(a) an elected member is removed from office under sub-paragraph (1); and\n(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),\nthe Scottish Ministers may appoint (in addition to any person appointed under paragraph 3) a person to be a member of the Commission.\n(4) The person referred to in sub-paragraph (3)(b) is a person who—\n(a) was a candidate in the election by virtue of which the removed member held office as a member;\n(b) polled, in that election, fewer votes than the removed member; and\n(c) by virtue of regulations made under paragraph 7, may hold office as a member of the Commission.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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))"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "asp/2026/17",
      "affecting_title": "Crofting and Scottish Land Court Act 2026"
    },
    {
      "type": "words inserted",
      "affecting": "asp/2026/17",
      "affecting_title": "Crofting and Scottish Land Court Act 2026"
    },
    {
      "type": "substituted for sch. 1 para. 3(3)",
      "affecting": "asp/2026/17",
      "affecting_title": "Crofting and Scottish Land Court Act 2026"
    },
    {
      "type": "words substituted",
      "affecting": "asp/2026/17",
      "affecting_title": "Crofting and Scottish Land Court Act 2026"
    },
    {
      "type": "inserted",
      "affecting": "asp/2026/17",
      "affecting_title": "Crofting and Scottish Land Court Act 2026"
    },
    {
      "type": "inserted",
      "affecting": "asp/2026/17",
      "affecting_title": "Crofting and Scottish Land Court Act 2026"
    },
    {
      "type": "word inserted",
      "affecting": "asp/2026/17",
      "affecting_title": "Crofting and Scottish Land Court Act 2026"
    },
    {
      "type": "repealed",
      "affecting": "asp/2026/17",
      "affecting_title": "Crofting and Scottish Land Court Act 2026"
    },
    {
      "type": "inserted",
      "affecting": "asp/2026/17",
      "affecting_title": "Crofting and Scottish Land Court Act 2026"
    },
    {
      "type": "inserted",
      "affecting": "asp/2026/17",
      "affecting_title": "Crofting and Scottish Land Court Act 2026"
    },
    {
      "type": "repealed",
      "affecting": "asp/2026/17",
      "affecting_title": "Crofting and Scottish Land Court Act 2026"
    },
    {
      "type": "inserted",
      "affecting": "asp/2026/17",
      "affecting_title": "Crofting and Scottish Land Court Act 2026"
    },
    {
      "type": "substituted",
      "affecting": "asp/2026/17",
      "affecting_title": "Crofting and Scottish Land Court Act 2026"
    },
    {
      "type": "words inserted",
      "affecting": "asp/2026/17",
      "affecting_title": "Crofting and Scottish Land Court Act 2026"
    },
    {
      "type": "words substituted",
      "affecting": "asp/2026/17",
      "affecting_title": "Crofting and Scottish Land Court Act 2026"
    },
    {
      "type": "word substituted",
      "affecting": "asp/2026/17",
      "affecting_title": "Crofting and Scottish Land Court Act 2026"
    },
    {
      "type": "words substituted",
      "affecting": "asp/2026/17",
      "affecting_title": "Crofting and Scottish Land Court Act 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1993/44/schedule/1/paragraph/9",
    "retrieved_at": "2026-10-29T09:34:40.915736+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."
}