SCHEDULES
C1SCHEDULE 2 The Parole Board
Membership
1
The Parole Board shall consist of a chairman and not less than four other members appointed by the Secretary of State.
F11A
In making those appointments, the Scottish Ministers shall comply with such requirements as to procedure and consultation as may be prescribed in regulations made by them.
F21B
In making regulations under paragraph 1A above, the Scottish Ministers may make different provision for different kinds of members of the Board, including the kinds of members having the respective qualifications for office specified in paragraph 2 below.
2
The Parole Board shall include among its members—
a
a Lord Commissioner of Justiciary;
b
a registered medical practitioner who is a psychiatrist;
c
a person appearing to the Secretary of State to have knowledge and experience of the supervision or aftercare of discharged prisoners; and
d
a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders.
2AF3 Limitation, termination etc. of appointment of members
An appointment as a member of the Parole Board shall, subject to paragraphs 2B to 2D below, last for such period, being not shorter than six years nor longer than seven years, as is specified in the instrument of appointment.
F42B
A member of the Parole Board may resign at any time by giving notice to that effect to the Scottish Ministers.
F52C
An appointment of a person as a member of the Parole Board shall not extend beyond the day when the person reaches the age of 75.
F62D
The appointment of a member of the Parole Board shall come to an end upon the member’s being removed from office under paragraph 3 below.
F72E
A person may be reappointed to be a member of the Parole Board but only if—
a
three years or more have passed since the person ceased to be a member of the Parole Board; and
b
the person has not previously been reappointed under this paragraph.
F82F
A person whose membership of the Parole Board came to an end by resignation under paragraph 2B above may be reappointed under paragraph 2E above.
F92G
A person whose membership of the Parole Board came to an end on removal from office under paragraph 3 below shall not be reappointed.
F102H
The provisions of paragraphs 1 to 2D above apply to a reappointment under paragraph 2E above as they apply to an appointment.
2JF11 Performance of duties
The Chairman of the Parole Board shall have regard to the desirability of securing that every member of the Parole Board is given the opportunity of participating appropriately in the functions of the Board under this Act on not fewer than 20 days in each successive period of 12 months beginning with the day of the member’s appointment as such.
3
A member of the Parole Board shall hold and vacate office under the terms of the instrument by which he is appointed, but may at any time resign his office; and a person who ceases to hold office as a member of the Parole Board shall be eligible for reappointment.
F123A
The tribunal may order the removal from office of a member only if, after investigation carried out at the request of the Scottish Ministers, it finds that the member is unfit for office by reason of inability, neglect of duty or misbehaviour.
F133B
The tribunal shall consist of the following three members, who shall be appointed by the Lord President of the Court of Session—
a
either a Senator of the College of Justice or a sheriff principal (who shall preside);
b
a person who is, and has been for at least ten years, legally qualified; and
c
one other person who shall not be legally qualified.
F143C
For the purposes of paragraph 3B above, a person is legally qualified if that person is an advocate or a solicitor.
F153D
Regulations, made by the Scottish Ministers—
a
may make provision enabling the tribunal, at any time during an investigation, to suspend a member from office and providing as to the effect and duration of such suspension; and
b
shall make such further provision as respects the tribunal as the Scottish Ministers consider necessary or expedient, including provision for the procedure to be followed by and before it.
Remuneration and allowances
4
There shall be paid to the members of the Board such remuneration and allowances as the Secretary of State may with the consent of the Treasury determine.
5
The expenses of the Board under paragraph 4 above and any other expenses incurred by the Board in discharging the functions mentioned in section 20(1) of this Act shall be defrayed by the Secretary of State.
Reports
6
The Board shall as soon as practicable after the end of each year make to the Secretary of State a report on the performance of its functions during that year, and the Secretary of State shall lay a copy of the report before Parliament.
6AF16 Regulations
Regulations under paragraphs 1A and 3D above shall be made by statutory instrument.
F176B
No such regulations shall be made unless laid in draft before, and approved by resolution of, the Scottish Parliament.
Ss. 1, 1A, 2(4), 3A, 5, 6(1)(a)(b)(i)(iii), 7, 9, 16, 20, 21, 26A, 27, Schs. 2, 6 extended (30.9.1998) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 10(2)(a)(5)(a)(6)(7), 11(2)(a)(4)(a)(6) (subject to art. 5) (as amended (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 paras. 135(5)(a)(d)(f)(6)(a)(b); S.I. 1998/2327, art. 2(1)(y)(2)(oo) (subject to arts. 5-8))
Ss. 1-3, 5, 6(1)(a)(b)(i)(iii), 9, 11-13, 15-21, 27, Schs. 2, 6 extended (1.10.1997) by 1997 c. 43, 56(1), Sch. 1 paras. 10(2)(5), 11(2)(4), Sch. 5 paras. 11(1)(3), 12(1); S.I. 1997/2200, art. 2(1)(n) (subject to art. 5 of the said S.I.) (which amendment fell (30.9.1998) by reason of the repeal of Sch. 5 paras. 11(1), 12(1) by 1998 c. 37, s. 120(2), Sch. 10; S.I. 1998/2327, art. 2(1)(aa)(3)(x) (subject to arts. 5-8 of the said S.I.)