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Criminal Procedure (Scotland) Act 1995, Paragraph 2 is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F12(1)Subject to the following provisions of this paragraph, a person shall hold and vacate office as a member of the Commission, or as chairman of the Commission, in accordance with the terms of his appointment.S
(2)An appointment as a member of the Commission may be full-time or part-time.
(3)The appointment of a person as a member of the Commission, or as chairman of the Commission, shall be for a fixed period of not longer than five years.
(4)Subject to sub-paragraph (5) below, a person whose term of appointment as a member of the Commission, or as chairman of the Commission, expires shall be eligible for re-appointment.
(5)No person may hold office as a member of the Commission for a continuous period which is longer than ten years.
(6)A person may at any time resign his office as a member of the Commission, or as chairman of the Commission, by notice in writing addressed to Her Majesty.
(7)Her Majesty may at any time remove a person from office as a member of the Commission if satisfied—
(a)that he has without reasonable excuse failed to discharge his functions as a member for a continuous period of three months beginning not earlier than six months before that time;
(b)that he has been convicted of a criminal offence;
(c)that a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or
(d)that he is unable or unfit to discharge his functions as a member.
(8)If the chairman of the Commission ceases to be a member of the Commission he shall also cease to be chairman.]
Textual Amendments
F1Sch. 9A inserted (1.1.1998) by 1997 c. 48, s. 25(2); S.I. 1997/3004, art. 2, Sch. (subject to arts. 4, 5)
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