Paragraph 3

Scotland

(1)

Subject to this paragraph and paragraph 4, a person holds office as Commissioner on such terms and conditions as the Scottish Ministers may determine.

(2)

The period of a person's appointment as Commissioner is—

(a)

in the case of a first appointment, F15 years; and

(b)

in the case of a reappointment, F23 years.

(3)

A person holding office as Commissioner may, by written notice to the Scottish Ministers, resign at any time.

(4)

The Scottish Ministers may remove a person from the office of Commissioner if satisfied that any of the grounds mentioned in sub-paragraph (5) is the case.

(5)

Those grounds are—

(a)

the person has failed without reasonable excuse to carry out the functions of the office for a continuous period of 3 months;

(b)

the person falls within one or more of the sub-sub-paragraphs of paragraph 2(1);

(c)

the person has, since appointment, been convicted of a criminal offence;

(d)

the person's estate has been sequestrated or the person has been adjudged bankrupt, has made an arrangement with creditors or has granted a trust deed for creditors or a composition contract;

(e)

the person is subject to a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or under F3the Company Directors Disqualification (Northern Ireland) Order 2002;

(f)

the person has acted improperly in relation to the person's duties;

(g)

the person is otherwise unable or unfit to perform the person's duties.

Annotations

Textual amendments

F1: Figure in Sch. 4 para. 3(2)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(17)(b)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F2: Figure in Sch. 4 para. 3(2)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(17)(b)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F3: Words in Sch. 4 para. 3(5)(e) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 261(3) (with art. 10)

Notes on Schedule 4

Textual amendments

F1: Sch. 4 heading substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(16); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)