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Judiciary and Courts (Scotland) Act 2008
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- Acts of the Scottish Parliament
- 2008 asp 6
- SCHEDULE 1
- Removal of members
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Removal of membersS
8(1)The Lord President may, by notice in writing, remove a judicial member from office if satisfied, after consulting the Chairing Member and the Scottish Ministers, that sub-paragraph (4) applies in relation to the member.S
(2)The Scottish Ministers may, by notice in writing, remove a legal or lay member from office if satisfied, after consulting the Chairing Member (unless that is the member concerned) and the Lord President, that sub-paragraph (4) applies in relation to the member.
(3)A member may not be removed from office under sub-paragraph (1) or (2) without the member being afforded an opportunity to be heard by the Lord President or, as the case may be, the Scottish Ministers.
(4)This sub-paragraph applies if the member—
(a)has failed without reasonable excuse to discharge the functions of a member for a continuous period of 6 months,
(b)has been convicted of any offence,
(c)has become insolvent, or
(d)is otherwise unfit to be a member or unable for any reason to discharge the functions of a member.
(5)For the purposes of sub-paragraph (4)(c), 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's being sequestrated, or
(d)the member's granting a trust deed for creditors.
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