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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.
(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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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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