OpenLegislation

Paragraph 6

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

(1)

A member holds office for such period of not more than 4 years as—

(a)

the Lord President in the case of a judicial member, or

(b)

the Scottish Ministers in the case of a legal or lay member,

at the time of appointment, may determine.

(2)

A person who is or has been a member may be reappointed (whether in the same or a different capacity) for further periods.

(3)

However, a person may not hold office as a member for periods (whether or not consecutive) totalling more than 8 years.

(4)

A member's appointment ceases—

(a)

on expiry of the member's period of appointment,

(b)

on the member's becoming disqualified from holding office as a member,

(c)

in the case of a judicial or legal member, on the member's ceasing to fall within the judicial or legal membership category under which the member was appointed, or

(d)

in the case of a lay member, on the member's ceasing to be qualified for appointment as a lay member.

(5)

However, despite the occurrence (or likely occurrence) of an event mentioned in sub-paragraph (4) in relation to a member—

(a)

the Lord President in the case of a judicial member, or

(b)

the Scottish Ministers in the case of a legal or lay member,

may direct that the member is to continue to hold office for such period, not exceeding 6 months, as the Lord President or the Scottish Ministers, as the case may be, may direct.

(6)

Such a direction may be given in relation to a member before or after the occurrence of an event mentioned in sub-paragraph (4).

(7)

A person whose appointment as a member ceases by virtue of sub-paragraph (4) or (5) may nonetheless continue to act as a member so far as that is necessary for the purposes of concluding consideration of a judicial appointment which the Board is in the course of considering at the time the person's appointment ceases.