SCHEDULES

F1SCHEDULE 1THE CROFTING COMMISSION

Removal of members

9

(1)

The Scottish Ministers may remove a member of the Commission from office, by giving notice in writing to the member, if satisfied that the member—

(a)

is insolvent;

(b)

has been convicted of a criminal offence in relation to which the member has been sentenced to imprisonment for a period of 3 months or more;

(c)

is incapacitated by physical illness or mental disorder;

(d)

has been absent from meetings of the Commission for a period exceeding 6 months without the permission of the convener;

(e)

is otherwise unable or unfit to exercise the functions of a member or is unsuitable to continue as a member.

(2)

In sub-paragraph (1)(a), a member is insolvent when—

(a)

the member's estate is sequestrated;

(b)

the member is adjudged bankrupt;

(c)

a voluntary arrangement proposed by the member is approved;

(d)

the member enters into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor;

(e)

the member grants a trust deed for creditors.

(3)

Where—

(a)

an elected member is removed from office under sub-paragraph (1); and

(b)

is not replaced by a person such as is mentioned in sub-paragraph (4) (whether because of the person's refusal to accept office as a member or otherwise),

the Scottish Ministers may appoint (in addition to any person appointed under paragraph 3) a person to be a member of the Commission.

(4)

The person referred to in sub-paragraph (3)(b) is a person who—

(a)

was a candidate in the election by virtue of which the removed member held office as a member;

(b)

polled, in that election, fewer votes than the removed member; and

(c)

by virtue of regulations made under paragraph 7, may hold office as a member of the Commission.