Convention Rights (Compliance) (Scotland) Act 2001

PART 6 EXISTING MEMBERS OF THE PAROLE BOARD

79 Subject to paragraphs 80 to 83 below, the modifications made by section 5 of this Act have effect as respects existing members.

80 Any period of appointment occurring prior to—

(a) an existing member’s most recent appointment or reappointment; and

(b) the coming into force of section 5 of this Act,

shall be disregarded for the purposes of paragraph 2E of Schedule 2 to the 1993 Act.

81 Any existing member whose current appointment proceeded upon selection following public advertisement seeking applications for membership of the Board shall, for the purposes of Schedule 2 to the 1993 Act and notwithstanding the terms of the instrument of appointment of the member, be regarded, on the commencement of section 5 of this Act as serving a period of appointment of six years in accordance with that Schedule beginning with the date when that current appointment began.

82 An existing member whose current appointment proceeded otherwise than as mentioned in paragraph 81 above shall, for the purposes of Schedule 2 to the 1993 Act, be regarded on the commencement of section 5 of this Act as serving whichever of the following expires later—

(a) the period of appointment provided for in the member’s instrument of appointment; or

(b) a period of appointment of six years beginning with the date when the member was first appointed to the Parole Board.

83 In this Part of this schedule—

• “existing member” means a person who is a member of the Parole Board when section 5 of this Act comes into force;

• “current appointment”, in relation to any existing member, means the appointment then held by that member;

• “public advertisement” means advertisement in a newspaper circulating throughout Scotland.