OpenLegislation

Article 26 Action where person excludedI1

Scotland

(1)

In this Rule, and Rules F127 and 28, an “excluded person” means a person who—

(a)

has taken all steps necessary to attend a meeting under the arrangements put in place to do so by the convener of the meeting under section 246A(6) of the 1986 Act (remote attendance at meetings); and

(b)

those arrangements do not permit that person to attend the whole or part of that meeting.

(2)

Where the chair becomes aware during the course of the meeting that there is an excluded person, the chair may—

(a)

continue the meeting;

(b)

declare the meeting void and convene the meeting again;

(c)

declare the meeting valid up to the point where the person was excluded and adjourn the meeting.

(3)

Where the chair continues the meeting, the meeting is valid unless—

(a)

the chair decides in consequence of a complaint under F2Rule 28 to declare the meeting void and hold the meeting again; or

(b)

the court directs otherwise.

(4)

Without prejudice to paragraph (2), where the chair becomes aware during the course of the meeting that there is an excluded person, the chair may, in the chair’s discretion and without an adjournment, declare the meeting suspended for any period up to one hour.

Annotations

Textual amendments

F1

Words in rule 26(1) substituted (13.4.2017) by virtue of The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)

F2

Words in rule 26(3) substituted (13.4.2017) by The Postal Administration (Scotland) (Amendment) Rules 2017 (S.I. 2017/441), rules 1, 2(11)

Commencement

I1

Rule 26 in force at 1.10.2016, see rule 1