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Police, Public Order and Criminal Justice (Scotland) Act 2006
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- 2006 asp 10
- SCHEDULE 4
- Tenure and removal from...
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- 01/01/2007- Amendment
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Tenure and removal from officeS
3(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.S
(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.
Textual Amendments
F1Figure 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)
F2Figure 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)
F3Words 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)
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