# Crofters (Scotland) Act 1993, Paragraph 9


(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.

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Source: https://www.legislation.gov.uk/ukpga/1993/44/schedule/1/paragraph/9 (the official version)
Page: https://openlegislation.uk/crofters-scotland-act-1993/schedule-1/paragraph-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.