Explanatory note

These Regulations make provision for the procedure to be followed by and before a tribunal constituted by and under paragraph 3B of Schedule 2 to the Prisoners and Criminal Proceedings (Scotland) Act 1993. Such a tribunal is constituted to carry out an investigation at the request of the Scottish Ministers in order to ascertain whether a member of the Parole Board for Scotland is unfit for office by reason of inability, neglect of duty or misbehaviour.

Similar Regulations have been made in relation to tribunals that are constituted to carry out investigations into the fitness for office of part-time sheriffs and justices of the peace (S.S.I. 2001/205 and 2001/217).

Before any investigation by a tribunal commences, the Scottish Ministers must give the Board member written notice of the investigation and of the reasons why the investigation has been requested (regulation 3). The Scottish Ministers are given the power to pay the members of the tribunal for carrying out their duties (regulation 4).

Subject to the specific provisions made by the Regulations, the tribunal is free to regulate its own procedure (regulation 6). The Regulations make provision for the tribunal to receive oral or written evidence; for the Board member to make written or oral representations; for such representations to be made personally by the Board member or anyone acting on behalf of the Board member, and for the confidentiality of proceedings before the tribunal (regulation 7). The Regulations also make provision for the procedure to be followed where there is a change in the membership of the tribunal after an investigation has commenced (regulation 5).

The Regulations make provision allowing the tribunal to suspend the Board member from office during the investigation. The tribunal may direct that a Board member so suspended may remain in office for the limited purpose of continuing to deal with proceedings of the Board commenced before the suspension took effect (regulation 8).

The tribunal must send a draft of its findings on the investigation to the Board member and must give the Board member the opportunity to make comments on the draft (regulation 9). On completion of the investigation, the tribunal must submit a written report to the Scottish Ministers and send a copy of it to the Board member. The report must specify the tribunal’s findings on the investigation and its decision on whether to order removal of the Board member from office (regulation 10).