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Scottish Public Services Ombudsman Act 2002

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This is the original version (as it was originally enacted).

Term of office and tenure

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4(1)The Ombudsman and a deputy Ombudsman each—

(a)holds office for such period not exceeding five years as the Parliamentary corporation, at the time of appointment, may determine,

(b)may be relieved of office by Her Majesty at the request of the officer in question,

(c)vacates office on 31st December in the year of service in which the officer in question attains the age of 65,

(d)may be removed from office by Her Majesty in pursuance of a resolution of the Parliament which, if passed on a division, must be voted for by a number of members equivalent to not less than two thirds of the total number of seats for members of the Parliament, and

(e)in other respects, holds office on such terms and conditions as the Parliamentary corporation may determine.

(2)A person whose period of office as Ombudsman or deputy Ombudsman expires under sub-paragraph (1)(a) is eligible for reappointment; but reappointment to the same office for a third consecutive period is competent only if, by reason of special circumstances, such reappointment is desirable in the public interest.

(3)Subject to sub-paragraph (2), nothing in this paragraph prevents a person who previously held office as Ombudsman or deputy Ombudsman (except such a person who ceased to hold office by virtue of sub-paragraph (1)(c)) from being appointed again to that office or to the other office.

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