Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021

Early termination of membership

5 (1) A member of Redress Scotland, including the chairing member, may resign by giving notice in writing to the Scottish Ministers.

(2) A person’s appointment as a member of Redress Scotland ceases if, during the person’s period of appointment, either paragraph (a) or paragraph (b) of paragraph 4 applies to the person.

(3) The Scottish Ministers may, by giving notice in writing, remove a member of Redress Scotland if the member—

(a) becomes insolvent,

(b) has been absent from 3 consecutive meetings of Redress Scotland without—

(i) the permission of the Scottish Ministers, or

(ii) reasonable excuse,

(c) is, in the opinion of the Scottish Ministers—

(i) unable or unfit to perform any of the functions of a member,

(ii) unsuitable to continue as a member.

(4) For the purpose of sub-paragraph (3)(a), a person becomes insolvent if—

(a) the person’s estate is sequestrated,

(b) the person grants a trust deed for creditors 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,

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

(5) The Scottish Ministers may suspend a member of Redress Scotland if they consider that there is a need to investigate whether there are grounds for a member to be removed under sub-paragraph (3).

(6) The suspension of a member under sub-paragraph (5) continues until the Scottish Ministers—

(a) remove the member under sub-paragraph (3), or

(b) notify the member and Redress Scotland that their decision is not to remove the member under sub-paragraph (3).