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Police, Public Order and Criminal Justice (Scotland) Act 2006

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This is the original version (as it was originally enacted).

Tenure and removal from office

This section has no associated Explanatory Notes

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.

(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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