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(1)When the office of the Commissioner is vacant or the Commissioner is, for any reason, unable to act, the Parliamentary corporation may appoint a person to discharge the functions of that office either generally or in relation to such case or class of cases, and until such time, as may be specified by the Parliamentary corporation as part of the terms and conditions of such appointment; and a person so appointed is referred to in this section as the “acting Commissioner”.
(2)The Commissioner and the acting Commissioner may each discharge the functions of the office of the Commissioner at the same time but in relation to different cases.
(3)A person who is not eligible to be appointed as the Commissioner is not eligible to be appointed as the acting Commissioner.
(4)A person appointed as the acting Commissioner—
(a)may at any time resign by notice given to the Parliamentary corporation;
(b)may at any time be removed from office by the Parliamentary corporation;
(c)in other respects, holds office on such terms and conditions as the Parliamentary corporation may determine; and
(d)while holding that appointment is to be treated for all purposes (except those of section 1 and paragraph 1 of the schedule) as the Commissioner.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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