- Latest available (Revised)
- Point in Time (07/04/2020)
- Original (As enacted)
Version Superseded: 01/10/2020
Point in time view as at 07/04/2020.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Prisoners and Criminal Proceedings (Scotland) Act 1993. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
1SThe Parole Board shall consist of a chairman and not less than four other members appointed by the Secretary of State.
[F11ASIn 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
F1Sch. 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)
[F21BSIn 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
F2Sch. 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)
2SThe 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.
[F32AAn 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
F3Sch. 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)
F42BSA member of the Parole Board may resign at any time by giving notice to that effect to the Scottish Ministers.
Textual Amendments
F4Sch. 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)
F52CSAn 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
F5Sch. 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)
F62DSThe 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
F6Sch. 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)
[F72DA(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
F7Sch. 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
F82ES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Sch. 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
F82FS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Sch. 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
F82GS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Sch. 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
F82HS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Sch. 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
[F92HA(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
F9Sch. 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)
[F92HB(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
F9Sch. 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)
2JThe 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
F10Sch. 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)
[F112K(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
F11Sch. 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
F11Sch. 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))
[F123A 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
F12Sch. 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)
F133ASThe 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
F13Sch. 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)
F143BSThe 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
F14Sch. 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)
F153CSFor the purposes of paragraph 3B above, a person is legally qualified if that person is an advocate or a solicitor.
Textual Amendments
F15Sch. 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)
F163DSRegulations, 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
F16Sch. 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)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: