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Prisoners and Criminal Proceedings (Scotland) Act 1993

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Status:

Point in time view as at 03/02/1995. This version of this cross heading contains provisions that are not valid for this point in time. Help about Status

Changes to legislation:

Prisoners and Criminal Proceedings (Scotland) Act 1993, Cross Heading: Membership is up to date with all changes known to be in force on or before 09 December 2024. 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. Help about Changes to Legislation

MembershipS

1SThe Parole Board shall consist of a chairman and not less than four other members appointed by the Secretary of State.

Yn ddilys o 27/07/2001

[F11ASIn making those appointments, the Scottish Ministers shall comply with such requirements as to procedure and consultation as may be prescribed in regulations made by them.]

Textual Amendments

Yn ddilys o 27/07/2001

[F21BSIn making regulations under paragraph 1A above, the Scottish Ministers may make different provision for different kinds of members of the Board, including the kinds of members having the respective qualifications for office specified in paragraph 2 below.]

Textual Amendments

2SThe Parole Board shall include among its members—

(a)a Lord Commissioner of Justiciary;

(b)a registered medical practitioner who is a psychiatrist;

(c)a person appearing to the Secretary of State to have knowledge and experience of the supervision or aftercare of discharged prisoners; and

(d)a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders.

Yn ddilys o 08/10/2001

Limitation, termination etc. of appointment of membersS

[F32AAn appointment as a member of the Parole Board shall, subject to paragraphs 2B to 2D below, last for such period, being not shorter than six years nor longer than seven years, as is specified in the instrument of appointment.]

Textual Amendments

Yn ddilys o 08/10/2001

F42BSA member of the Parole Board may resign at any time by giving notice to that effect to the Scottish Ministers.

Textual Amendments

Yn ddilys o 08/10/2001

F52CSAn appointment of a person as a member of the Parole Board shall not extend beyond the day when the person reaches the age of 75.

Textual Amendments

Yn ddilys o 08/10/2001

F62DSThe appointment of a member of the Parole Board shall come to an end upon the member’s being removed from office under paragraph 3 below.

Textual Amendments

Yn ddilys o 08/10/2001

F72ESA person may be reappointed to be a member of the Parole Board but only if—

(a)three years or more have passed since the person ceased to be a member of the Parole Board; and

(b)the person has not previously been reappointed under this paragraph.

Textual Amendments

Yn ddilys o 08/10/2001

F82FSA person whose membership of the Parole Board came to an end by resignation under paragraph 2B above may be reappointed under paragraph 2E above.

Textual Amendments

Yn ddilys o 08/10/2001

F92GSA person whose membership of the Parole Board came to an end on removal from office under paragraph 3 below shall not be reappointed.

Textual Amendments

Yn ddilys o 08/10/2001

F102HSThe provisions of paragraphs 1 to 2D above apply to a reappointment under paragraph 2E above as they apply to an appointment.

Textual Amendments

Yn ddilys o 08/10/2001

F11 Performance of dutiesS

2JThe Chairman of the Parole Board shall have regard to the desirability of securing that every member of the Parole Board is given the opportunity of participating appropriately in the functions of the Board under this Act on not fewer than 20 days in each successive period of 12 months beginning with the day of the member’s appointment as such.

Textual Amendments

3A member of the Parole Board shall hold and vacate office under the terms of the instrument by which he is appointed, but may at any time resign his office; and a person who ceases to hold office as a member of the Parole Board shall be eligible for reappointment.

Yn ddilys o 08/10/2001

F123ASThe tribunal may order the removal from office of a member only if, after investigation carried out at the request of the Scottish Ministers, it finds that the member is unfit for office by reason of inability, neglect of duty or misbehaviour.

Textual Amendments

F12Sch. 2 paras. 3-3D substituted for Sch. 2 para. 3 (8.10.2001) by 2001 asp 7, s. 5(4) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

Yn ddilys o 08/10/2001

F133BSThe tribunal shall consist of the following three members, who shall be appointed by the Lord President of the Court of Session—

(a)either a Senator of the College of Justice or a sheriff principal (who shall preside);

(b)a person who is, and has been for at least ten years, legally qualified; and

(c)one other person who shall not be legally qualified.

Textual Amendments

F13Sch. 2 paras. 3-3D substituted for Sch. 2 para. 3 (8.10.2001) by 2001 asp 7, s. 5(4) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

Yn ddilys o 08/10/2001

F143CSFor the purposes of paragraph 3B above, a person is legally qualified if that person is an advocate or a solicitor.

Textual Amendments

F14Sch. 2 paras. 3-3D substituted for Sch. 2 para. 3 (8.10.2001) by 2001 asp 7, s. 5(4) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

Yn ddilys o 08/10/2001

F153DSRegulations, made by the Scottish Ministers—

(a)may make provision enabling the tribunal, at any time during an investigation, to suspend a member from office and providing as to the effect and duration of such suspension; and

(b)shall make such further provision as respects the tribunal as the Scottish Ministers consider necessary or expedient, including provision for the procedure to be followed by and before it.

Textual Amendments

F15Sch. 2 paras. 3-3D substituted for Sch. 2 para. 3 (8.10.2001) by 2001 asp 7, s. 5(4) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

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