Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

SCHEDULES

Section 20(6).

SCHEDULE 2 S The Parole Board

Modifications etc. (not altering text)

C1 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.)

Membership S

1 S The Parole Board shall consist of a chairman and not less than four other members appointed by the Secretary of State.

[F1 1A S 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.]

Textual Amendments

F1 Sch. 2 paras. 1A, 1B inserted (27.7.2001) by 2001 asp 7, s. 5(2) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(1)(e)

[F2 1B S 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.]

Textual Amendments

F2 Sch. 2 paras. 1A, 1B inserted (27.7.2001) by 2001 asp 7, s. 5(2) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(1)(e)

2 S 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.

Limitation, termination etc. of appointment of members S

[F3 2A 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.]

Textual Amendments

F3 Sch. 2 paras. 2A-2J inserted (8.10.2001) by 2001 asp 7, s. 5(3) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

F4 2B S A member of the Parole Board may resign at any time by giving notice to that effect to the Scottish Ministers.

Textual Amendments

F4 Sch. 2 paras. 2A-2J inserted (8.10.2001) by 2001 asp 7, s. 5(3) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

F5 2C S 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.

Textual Amendments

F5 Sch. 2 paras. 2A-2J inserted (8.10.2001) by 2001 asp 7, s. 5(3) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

F6 2D S 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.

Textual Amendments

F6 Sch. 2 paras. 2A-2J inserted (8.10.2001) by 2001 asp 7, s. 5(3) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

[F7 2DA (1) A person who has been a member of the Parole Board is eligible for appointment to the membership on a subsequent occasion. S

(2) The exception to this is where the person's membership has previously ceased by virtue of—

(a) paragraph 2C, or

(b) paragraph 2D.]

Textual Amendments

F7 Sch. 2 para. 2DA inserted (31.12.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 44(2), 63(2); S.S.I. 2019/417, reg. 3

F8 2E S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 2 paras. 2E-2H repealed (31.12.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 44(3), 63(2); S.S.I. 2019/417, reg. 3

F8 2F S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 2 paras. 2E-2H repealed (31.12.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 44(3), 63(2); S.S.I. 2019/417, reg. 3

F8 2G S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 2 paras. 2E-2H repealed (31.12.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 44(3), 63(2); S.S.I. 2019/417, reg. 3

F8 2H S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 2 paras. 2E-2H repealed (31.12.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 44(3), 63(2); S.S.I. 2019/417, reg. 3

Automatic reappointment S

[F9 2HA (1) A member of the Parole Board is to be reappointed to the membership on the expiry of the period of the member's appointment, unless—

(a) in any case, sub-paragraph (2) applies, or

(b) where the member is not the chairperson, sub-paragraph (3) applies.

(2) This sub-paragraph applies if the member has declined to be reappointed.

(3) This sub-paragraph applies if the Scottish Ministers have accepted a recommendation made to them by the chairperson that the other member should not be reappointed.

(4) A recommendation of that kind may be made to the Scottish Ministers only if the chairperson is satisfied that—

(a) the other member has failed to comply with any of the terms and conditions of membership by which the member is bound, or

(b) the number of members required for the Board to carry out its functions is such that the services of the other member are no longer needed.

(5) The instrument of appointment of the member may be annotated or reissued so as to show that the member is reappointed under sub-paragraph (1).

Textual Amendments

F9 Sch. 2 paras. 2HA, 2HB and cross-heading inserted (31.12.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 44(4), 63(2); S.S.I. 2019/417, reg. 3 (with reg. 3)

[F9 2HB (1) Sub-paragraphs (2) and (3) apply in connection with paragraph 2HA(1).

(2) The reference in paragraph 2HA(1) to the period of the appointment includes each period of reappointment under that paragraph.

(3) In addition—

(a) the provisions of paragraphs 1 to 2D apply in relation to reappointment under paragraph 2HA(1) as well as applying otherwise, and

(b) the references in paragraphs 1 to 2D to appointment are so far as necessary for this purpose to be read as including reappointment,

which in particular means that reappointment is for 5 years at a time.]

Textual Amendments

F9 Sch. 2 paras. 2HA, 2HB and cross-heading inserted (31.12.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 44(4), 63(2); S.S.I. 2019/417, reg. 3 (with reg. 3)

F10 Performance of duties S

2J 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.

Textual Amendments

F10 Sch. 2 paras. 2A-2J inserted (8.10.2001) by 2001 asp 7, s. 5(3) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

[F11 2K (1) If the Chairman of the Parole Board is unable to perform the functions of the Chairman under this Act or the Parole Board (Scotland) Rules 2001 (S.S.I. 2001/315) (the “Rules”) for reasons related to coronavirus, the most senior member of the Parole Board is to perform those functions instead. S

(2) In sub-paragraph (1)—

(a) “coronavirus” has the meaning given by section 1 of the Coronavirus (Scotland) Act 2020, and

(b) “the most senior member of the Parole Board” means—

(i) the member whose initial appointment to the Parole Board began first, or

(ii) if more than one member falls within sub-paragraph (i), whichever of those members is most senior in age.

(3) For so long as sub-paragraph (1) has effect, in Rule 2(1) of the Rules, in the definition of “the chairman of the Board”, the reference to “the chairman of the Board appointed under paragraph 1 of Schedule 2 to the 1993 Act” is to be read instead as a reference to “the person performing the functions of the Chairman by virtue of paragraph 2K(1) of Schedule 2 to the 1993 Act”.

Textual Amendments

F11 Sch. 2 paras. 2K, 2L inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 4 para. 17(2) (with ss. 11-13) (which affecting provision expires (1.10.2022) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1))

2L (1) The Chairman of the Parole Board may make arrangements to delegate the functions of the Chairman to another member or members of the Parole Board. S

(2) Where arrangements under sub-paragraph (1) have effect, the functions of the Chairman may be performed by the member to whom the functions are delegated or, where the functions are delegated to more than one member, by any one of those members.

(3) Arrangements under sub-paragraph (1) are to be treated as having effect since the date on which paragraph 17 of schedule 4 of the Coronavirus (Scotland) Act 2020 came into force (regardless of when the arrangements were made).

(4) Where arrangements under sub-paragraph (1) have effect, the following references are to be read instead as references to the member or members (as the case may be) to whom the Chairman's functions have been delegated—

(a) the references to the chairperson in paragraph 2HA(3) and (4),

(b) the reference to the Chairman in paragraph 2J,

(c) any reference to the Chairman of the Parole Board (however expressed) in the Rules.]

Textual Amendments

F11 Sch. 2 paras. 2K, 2L inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 4 para. 17(2) (with ss. 11-13) (which affecting provision expires (1.10.2022) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1))

Removal of members from office S

[F12 3 A member of the Parole Board may be removed from office by and only by order of the tribunal constituted by and under paragraph 3B below (“the tribunal”).]

Textual Amendments

F12 Sch. 2 paras. 3-3D substituted for Sch. 2 para. 3 (8.10.2001) by 2001 asp 7, s. 5(4) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

F13 3A S 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.

Textual Amendments

F13 Sch. 2 paras. 3-3D substituted for Sch. 2 para. 3 (8.10.2001) by 2001 asp 7, s. 5(4) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

F14 3B S 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.

Textual Amendments

F14 Sch. 2 paras. 3-3D substituted for Sch. 2 para. 3 (8.10.2001) by 2001 asp 7, s. 5(4) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

F15 3C S For the purposes of paragraph 3B above, a person is legally qualified if that person is an advocate or a solicitor.

Textual Amendments

F15 Sch. 2 paras. 3-3D substituted for Sch. 2 para. 3 (8.10.2001) by 2001 asp 7, s. 5(4) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

F16 3D S 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.

Textual Amendments

F16 Sch. 2 paras. 3-3D substituted for Sch. 2 para. 3 (8.10.2001) by 2001 asp 7, s. 5(4) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

Remuneration and allowances S

4 S There shall be paid to the members of the Board such remuneration and allowances as the Secretary of State may F17 . . . determine.

Textual Amendments

F17 Words in Sch. 2 para. 4 repealed (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 110, Pt. IV; S.I. 1998/3178, art. 3

5 S 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 S

6 S 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.

Regulations S

[F18 6A Regulations under paragraphs 1A and 3D above shall be made by statutory instrument.]

Textual Amendments

F18 Sch. 2 paras. 6A, 6B inserted (27.7.2001) by 2001 asp 7, s. 5(5) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(1)(e)

F19 6B S No such regulations shall be made unless laid in draft before, and approved by resolution of, the Scottish Parliament.

Textual Amendments

F19 Sch. 2 paras. 6A, 6B inserted (27.7.2001) by 2001 asp 7, s. 5(5) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(1)(e)