Local Government etc. (Scotland) Act 1994

Membership S

3 The members of an authority shall be—

(a) not fewer than seven, nor more than eleven, persons appointed under this sub-paragraph by the Secretary of State from persons who appear to him to have knowledge or experience relevant to the discharge of the functions of the authority; and

(b) the person who is for the time being the chief executive of the authority.

4 The Secretary of State shall satisfy himself—

(a) before he appoints a person under paragraph 3(a) above, that the person has no financial or other interest likely to affect prejudicially performance as a member of the authority in question;

(b) from time to time, that each person so appointed continues, and has continued, to have no such interest.

5 A person in respect of whom the Secretary of State requires to be satisfied as is mentioned in paragraph 4(b) above shall, whenever requested by the Secretary of State to do so, furnish the Secretary of State with such information as the Secretary of State may consider necessary for the purposes of that requirement.

6 Subject to paragraphs 7 and 8 below, each member of an authority other than their chief executive—

(a) shall hold and vacate office in accordance with the terms of the instrument under which he is appointed a member;

(b) may, by written notice to the Secretary of State, resign membership; and

(c) after ceasing to hold office shall be eligible for reappointment to the authority.

7 The Secretary of State may remove a member, other than the chief executive, of an authority from office if satisfied that the member—

(a) has had his estate sequestrated, has been adjudged bankrupt, has made an arrangement with his creditors, or has granted a trust deed for his creditors or a composition contract;

(b) is incapacitated by physical or mental illness;

(c) has been absent from meetings of the authority in question for a period longer than three consecutive months without the permission of the authority; or

(d) is otherwise unable or unfit to discharge his functions as a member or is unsuitable to continue as a member.