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Legal Profession and Legal Aid (Scotland) Act 2007

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This is the original version (as it was originally enacted).

Removal of members

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5(1)Subject to sub-paragraph (2), the chairing member may, by written notice, remove a member from office if the chairing member is satisfied as regards any of the following matters—

(a)that the member becomes insolvent;

(b)that the member—

(i)has been absent from meetings of the Commission for a period longer than 6 consecutive months without the permission of the Commission;

(ii)has been convicted of a criminal offence;

(iii)is otherwise unable or unfit to discharge the functions of a member or is unsuitable to continue as a member.

(2)The chairing member may not remove a member from office without the agreement of the Lord President of the Court of Session.

(3)The Lord President may, by written notice, remove the chairing member from office if the Lord President is satisfied as regards any of the matters mentioned in sub-paragraph (1)(a) or (b).

(4)For the purpose of sub-paragraph (1)(a) a member becomes insolvent on—

(a)the approval of a voluntary arrangement proposed by the member;

(b)being adjudged bankrupt;

(c)the member’s estate being sequestrated;

(d)entering into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor;

(e)granting a trust deed for creditors.

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