Article 8 Early termination of membershipI1

Scotland

(1)

A member of F1Crown Estate Scotland may resign by giving notice in writing to the Scottish Ministers.

(2)

The Scottish Ministers may, by giving notice to the member in writing, remove a member of Crown Estate Scotland if—

(a)

the member becomes insolvent;

(b)

the member has been absent, without the permission of Crown Estate Scotland, from meetings of Crown Estate Scotland for a period of longer than 3 consecutive months;

(c)

the Scottish Ministers consider that the member is—

(i)

unable to perform the functions of a member; or

(ii)

unsuitable to continue as a member.

(3)

For the purposes of paragraph (2)(a), a person becomes insolvent if—

(a)

the person’s estate is sequestrated;

(b)

the person grants a trust deed for creditors or makes a composition F2or arrangement with creditors;

(c)

the person is adjudged bankrupt;

(d)

a voluntary arrangement proposed by the person is approved;

(e)

the person’s application for a debt payment programme is approved under section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002^f1;

(f)

the person is subject to any other kind of order or arrangement that is analogous to any of those described in sub-paragraphs (a) to (e) anywhere in the world.

(4)

A person’s membership of Crown Estate Scotland ends if the person becomes—

(a)

a member of the Scottish Parliament;

(b)

a member of the House of Commons;

(c)

a member of the House of Lords;

(d)

a member of the European Parliament.

Annotations

Textual amendments

F1: Words in arts. 3-19 substituted (1.4.2020) by Scottish Crown Estate Act 2019 (asp 1), s. 46(2), sch. 1 para. 11(1)(b); S.S.I. 2020/77, reg. 2(1), sch. 1
F2: Words in art. 8(3)(b) substituted (1.4.2020) by Scottish Crown Estate Act 2019 (asp 1), s. 46(2), sch. 2 para. 2(2); S.S.I. 2020/77, reg. 2(1), sch. 1

Commencement

I1: Art. 8 in force at 16.2.2017, see art. 1(1)

Footnotes

f1: 2002 asp 17; section 2 was amended by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), Part 13, section 211(2)(a) and (b) and section 212(2).

Notes on the whole SSI

Textual amendments

F1: Order title amended (1.4.2020) by Scottish Crown Estate Act 2019 (asp 1), s. 46(2), sch. 1 para. 11(2); S.S.I. 2020/77, reg. 2(1), sch. 1