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3(1)Subject to this paragraph and paragraph 4, a person holds office as Commissioner on such terms and conditions as the Scottish Ministers may determine.S
(2)The period of a person's appointment as Commissioner is—
(a)in the case of a first appointment, 3 years; and
(b)in the case of a reappointment, 2 years.
(3)A person holding office as Commissioner may, by written notice to the Scottish Ministers, resign at any time.
(4)The Scottish Ministers may remove a person from the office of Commissioner if satisfied that any of the grounds mentioned in sub-paragraph (5) is the case.
(5)Those grounds are—
(a)the person has failed without reasonable excuse to carry out the functions of the office for a continuous period of 3 months;
(b)the person falls within one or more of the sub-sub-paragraphs of paragraph 2(1);
(c)the person has, since appointment, been convicted of a criminal offence;
(d)the person's estate has been sequestrated or the person has been adjudged bankrupt, has made an arrangement with creditors or has granted a trust deed for creditors or a composition contract;
(e)the person is subject to a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or under Part 2 of the Companies (Northern Ireland) Order 1989 (S.I. 1989/2404 (N.I. 18));
(f)the person has acted improperly in relation to the person's duties;
(g)the person is otherwise unable or unfit to perform the person's duties.
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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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