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Education (Additional Support for Learning) (Scotland) Act 2004, Section 5 is up to date with all changes known to be in force on or before 28 August 2016. 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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5(1)Each Tribunal member—S
(a)holds office for such period (not exceeding 5 years) as is specified in the member’s instrument of appointment,
(b)may at any time resign office by giving notice in writing to the Scottish Ministers,
(c)vacates office on becoming disqualified from being a Tribunal member under paragraph 3(2),
(d)in other respects holds office in accordance with the terms of the member’s instrument of appointment.
(2)A Tribunal member whose period of office (including any period of office following re-appointment under this sub-paragraph) expires under sub-paragraph (1)(a) may be re-appointed by the Scottish Ministers for a further period to the same panel to which the member was last appointed, unless—
(a)the member has declined re-appointment,
(b)the President has recommended to the Scottish Ministers that the member should not be re-appointed and the Scottish Ministers have accepted that recommendation,
(c)since the member was last appointed to the panel, there has been a reduction in the overall number of members of the panel which the Scottish Ministers consider are needed to enable the President to carry out the functions under paragraph 4,
(d)the member has, since the member was last appointed to the panel, failed without reasonable excuse to comply with the terms of the member’s appointment,
(e)the member no longer has the qualifications, training or experience prescribed under paragraph 3(1) for appointment to the panel.
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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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