Police, Public Order and Criminal Justice (Scotland) Act 2006

3 (1) Subject to this paragraph and paragraph 4, a person holds office as Commissioner on such terms and conditions as the Scottish Ministers may determine. S

(2) The period of a person's appointment as Commissioner is—

(a) in the case of a first appointment, [F1 5] years; and

(b) in the case of a reappointment, [F2 3] years.

(3) A person holding office as Commissioner may, by written notice to the Scottish Ministers, resign at any time.

(4) The Scottish Ministers may remove a person from the office of Commissioner if satisfied that any of the grounds mentioned in sub-paragraph (5) is the case.

(5) Those grounds are—

(a) the person has failed without reasonable excuse to carry out the functions of the office for a continuous period of 3 months;

(b) the person falls within one or more of the sub-sub-paragraphs of paragraph 2(1);

(c) the person has, since appointment, been convicted of a criminal offence;

(d) the person's estate has been sequestrated or the person has been adjudged bankrupt, has made an arrangement with creditors or has granted a trust deed for creditors or a composition contract;

(e) the person is subject to a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or under [F3 the Company Directors Disqualification (Northern Ireland) Order 2002];

(f) the person has acted improperly in relation to the person's duties;

(g) the person is otherwise unable or unfit to perform the person's duties.

Textual Amendments

F1 Figure in Sch. 4 para. 3(2)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(17)(b)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F2 Figure in Sch. 4 para. 3(2)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(17)(b)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F3 Words in Sch. 4 para. 3(5)(e) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 2(1), Sch. 1 para. 261(3) (with art. 10)