http://www.legislation.gov.uk/id/asp/2003/7

http://www.legislation.gov.uk/asp/2003/7/schedule/2/2004-05-01

Criminal Justice (Scotland) Act 2003

An Act of the Scottish Parliament to make provision in relation to criminal justice, criminal procedure and evidence in criminal proceedings; to make provision as to the arrest, sentencing, custody and release of offenders and the obtaining of reports in relation to offenders; to make provision for the provision of assistance by local authorities to persons who are arrested and are in police custody or who are subject to a deferred sentence and for the making of grants to local authorities exercising jointly certain functions in relation to offenders and other persons; to make provision for the protection of the public at large from persons with a propensity to commit certain offences and for the establishment of the Risk Management Authority; to make provision for the granting of certain rights to the victims of crime; to make provision as to the jurisdiction of courts and the designation of certain courts as drugs courts; to make provision in relation to the physical punishment of children; to create offences in connection with traffic in prostitution or for purposes connected with pornography; to make provision as to the criminal law as it relates to bribery and the acceptance of bribes; to make provision in relation to criminal legal assistance; to require the aggravation of an offence by religious prejudice to be taken into account in sentencing; to make provision as respects police ranks and the powers and duties of certain civilians employed by police authorities; to make provision for the disqualification of convicted persons from jury service in both criminal and civil proceedings and for the separation of juries after retiral; to make provision for the use of live television links between prisons and courts; to make provision in relation to warrants to search; to amend Part V of the Police Act 1997 in its application to Scotland; to make provision in relation to the prohibition of certain matters in respect of cases referred to the Principal Reporter; to amend the law relating to penalties for wildlife offences; and for connected purposes.

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Statute Law Database

2024-07-30

2004-05-01

Criminal Justice (Scotland) Act 2003

specified provision(s) and purposes

The Criminal Justice (Scotland) Act 2003 (Commencement No. 2) Order 2003

art. 2

Sch.

SCHEDULE 2Constitution etc. of the Risk Management Authority

(introduced by section 3(3))

1Status

The Risk Management Authority (“the Authority”) is a body corporate.

2

The Authority—

a

is not a servant or agent of the Crown; and

b

has no status, immunity or privilege of the Crown,

and its property is not to be regarded as property of, or held on behalf of, the Crown.

3

1

The Authority consists of such members (including a convener) as the Scottish Ministers may appoint.

2

Each member—

a

is appointed for such period, not exceeding 5 years, as is specified in the terms of the appointment;

b

holds and vacates office in accordance with those terms;

c

is eligible for reappointment but may not hold office for a period exceeding 10 years in aggregate;

d

may, by written notice to the Scottish Ministers, resign membership.

3

The Scottish Ministers may remove a member from office if they are satisfied that the member—

a

without reasonable excuse, has not complied with the terms of the appointment;

b

is otherwise unable or unfit to discharge the functions of member or is unsuitable to continue as a member.

4

1

The Authority may regulate its own procedure (including any quorum).

2

The validity of any proceedings of the Authority is not affected by any vacancy in membership nor any defect in the appointment of a member.

5

1

The Authority may, with the approval of the Scottish Ministers, pay—

a

such remuneration and allowances to its members; and

b

in respect of any office held by a person as member—

i

such pension, allowance or gratuity to or in respect of the person; and

ii

such contribution or other payment towards provision of such pension, allowance or gratuity,

as it may with such approval determine.

2

Where a person ceases to be a member otherwise than on expiry of term of office, the Authority may, exceptionally and with the approval of the Scottish Ministers, pay to the person such amount by way of compensation for loss of office as it may with such approval determine.

6

1

The Authority may, with the approval of the Scottish Ministers, appoint such employees as it considers are required on such terms and conditions as it may with such approval determine.

2

The authority is to—

a

pay such pensions, allowances and gratuities to or in respect of its employees or former employees;

b

make such payment towards provision of such pensions, allowances or gratuities; and

c

provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances and gratuities,

as it may with the approval of the Scottish Ministers determine.

3

References in sub-paragraph (2) to pensions, allowances or gratuities include their provision by way of compensation for loss of office or employment.