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Climate Change (Scotland) Act 2009
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- 2009 asp 12
- SCHEDULE 1
- Removal of members of...
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Changes over time for: Cross Heading: Removal of members of Committee
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This version of this cross heading contains provisions that are prospective.
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Changes to legislation:
Climate Change (Scotland) Act 2009, Cross Heading: Removal of members of Committee is up to date with all changes known to be in force on or before 22 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 1 Crossheading Removal-of-members-of-committee:
- s. 78A and cross-heading inserted by 2024 asp 13 s. 9(2)
- s. 84(8) inserted by 2024 asp 13 s. 10(3)
- s. 87A and cross-heading inserted by 2024 asp 13 s. 10(4)
- s. 97(1)(c) inserted by 2024 asp 13 s. 10(8)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 78A and cross-heading inserted by 2024 asp 13 s. 9(2)
- s. 84(8) inserted by 2024 asp 13 s. 10(3)
- s. 87A and cross-heading inserted by 2024 asp 13 s. 10(4)
- s. 97(1)(c) inserted by 2024 asp 13 s. 10(8)(b)
Prospective
Removal of members of CommitteeS
5(1)Subject to sub-paragraph (3), the Chair may, by giving written notice, remove a member from office if the Chair is satisfied that one of the situations set out in sub-paragraph (2) exists.S
(2)Those situations are—
(a)that the member is insolvent;
(b)that the member has been convicted of a criminal offence;
(c)that the member has been absent from meetings of the Committee for a period longer than 6 months without the permission of the Chair;
(d)that the member is otherwise unable or unfit to discharge the functions of a member or is unsuitable to continue as a member.
(3)The Chair may only remove a member from office with the agreement of the Scottish Ministers.
(4)The Scottish Ministers may, by giving written notice, remove the Chair from office if the Scottish Ministers are satisfied that one of the situations set out in sub-paragraph (2) exists.
(5)For the purposes of sub-paragraph (2)(a), a member is insolvent when—
(a)a voluntary arrangement proposed by the member is approved;
(b)the member is adjudged bankrupt;
(c)the member's estate is sequestrated;
(d)the member enters into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor;
(e)the member grants a trust deed for creditors.
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