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Crofters (Scotland) Act 1993
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- UK Public General Acts
- 1993 c. 44
- SCHEDULE 1
- Removal of members
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[F1Removal of membersS
Textual Amendments
F1Sch. 1 substituted (1.10.2011 for specified purposes, 1.4.2012 in force in so far as not already in force) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 1 (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with arts. 4 5(1) 8); S.S.I. 2011/334, art. 3, sch. Pt. 2 (with arts. 4 5(3))
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—S
(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.]
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