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Regulation 5 Removal from office

Original text. Later amendments are not shown.

(1)

The Convener may remove a person from being a member if—

(a)

the person is insolvent;

(b)

the person has been convicted (whether before or after the person’s appointment) of a criminal offence;

(c)

the person has failed to comply with the terms and conditions of the person’s appointment;

(d)

the person has, without reasonable excuse, been unavailable to perform the person’s duties as a member; or

(e)

the Convener considers that the person is otherwise unfit to be a member or is unable for any reason to carry out the functions of a member.

(2)

For the purposes of sub-paragraph (1)(a), a person is insolvent when—

(a)

the person’s estate has been sequestrated;

(b)

the person has granted a trust deed for, or made a composition or arrangement with, creditors;

(c)

a voluntary arrangement proposed by the person has been approved;

(d)

the person has had their application for a debt payment programme approved under section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002f1;

(e)

the person has been adjudged bankrupt; or

(f)

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

Annotations

Footnotes

f1

2002 asp 17.