{
  "url": "https://openlegislation.uk/police-public-order-and-criminal-justice-scotland-act-2006/schedule-4/paragraph-3",
  "json_url": "https://openlegislation.uk/police-public-order-and-criminal-justice-scotland-act-2006/schedule-4/paragraph-3.json",
  "legislation": "asp/2006/10",
  "legislation_title": "Police, Public Order and Criminal Justice (Scotland) Act 2006",
  "legislation_url": "https://openlegislation.uk/police-public-order-and-criminal-justice-scotland-act-2006",
  "path": "schedule/4/paragraph/3",
  "kind": "paragraph",
  "number": "3",
  "heading": null,
  "text": "(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.\n(2) The period of a person's appointment as Commissioner is—\n(a) in the case of a first appointment, 5 years; and\n(b) in the case of a reappointment, 3 years.\n(3) A person holding office as Commissioner may, by written notice to the Scottish Ministers, resign at any time.\n(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.\n(5) Those grounds are—\n(a) the person has failed without reasonable excuse to carry out the functions of the office for a continuous period of 3 months;\n(b) the person falls within one or more of the sub-sub-paragraphs of paragraph 2(1);\n(c) the person has, since appointment, been convicted of a criminal offence;\n(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;\n(e) the person is subject to a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or under the Company Directors Disqualification (Northern Ireland) Order 2002;\n(f) the person has acted improperly in relation to the person's duties;\n(g) the person is otherwise unable or unfit to perform the person's duties.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2006/10/schedule/4/paragraph/3",
    "retrieved_at": "2026-10-29T20:16:12.377722+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}