The Local Services Franchises (Traffic Commissioner Notices and Panels) (Scotland) Regulations 2024

Removal of a panel member

5.—(1) The traffic commissioner may remove a person from being a panel member if—

(a) the person has failed to comply with the terms and conditions of the person’s appointment,

(b) the person is insolvent,

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

(d) the person becomes ineligible for appointment as a panel member under regulation 3(2),

(e) the person has, without reasonable excuse, been unavailable to perform the person’s duties as a panel member,

(f) the traffic commissioner considers that the person is otherwise unfit to be a panel member or is unable for any reason to carry out the functions of a panel member.

(2) For the purposes of paragraph (1)(b), a person is insolvent when—

(a) the person’s estate is sequestrated,

(b) the person grants a trust deed for, or makes a composition or arrangement with, creditors,

(c) the person is adjudged bankrupt,

(d) a voluntary arrangement proposed by the person is approved,

(e) the person’s application for a debt payment programme is approved under section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002(1), or

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

(1)

2002 asp 17. Section 2 was amended by sections 211(2) and 212(2) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3).