Public Appointments and Public Bodies etc. (Scotland) Act 2003

Term of office and tenure

This section has no associated Explanatory Notes

4(1)The Commissioner—

(a)is appointed to and holds office for such period not exceeding 5 years as the Parliamentary corporation may determine;

(b)may be relieved of office by Her Majesty at the Commissioner’s request;

(c)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 the number of members equivalent to not less than two thirds of the total number of seats for members of the Parliament; and

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

(2)A person whose period of office as Commissioner expires under sub-paragraph (1)(a) is eligible for appointment again, but—

(a)a person may be appointed as Commissioner for no more than 3 periods of office; and

(b)appointment for a third period of office is competent only if, by reason of special circumstances, such appointment is desirable in the public interest.