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5.—(1) The Scottish Ministers may remove the Convener from office if—
(a)the person holding that office is insolvent;
(b)the person has been convicted (whether before or after the person’s appointment) of a criminal offence;
(c)the person has failed to comply with the terms and conditions of the Convener’s appointment;
(d)the person has, without reasonable excuse, been unavailable to perform their duties as the Convener; or
(e)the Scottish Ministers consider that the person is otherwise unfit to be the Convener or is unable for any reason to carry out the Convener’s functions.
(2) For the purposes of sub-paragraph (1)(a), a person is insolvent when—
(a)the person’s estate has been sequestrated;
(b)the person has granted a trust deed for, or made a composition or arrangement with, creditors;
(c)a voluntary arrangement proposed by the person has been approved;
(d)the person has had their application for a debt payment programme approved under section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002(1);
(e)the person has been adjudged bankrupt; or
(f)the person is subject to any other kind of order, arrangement or undertaking analogous to those described in sub-paragraphs (a) to (e), anywhere in the world.
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