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Climate Change (Scotland) Act 2009

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This is the original version (as it was originally enacted).

Removal of members of Committee

This section has no associated Explanatory Notes

5(1)Subject to sub-paragraph (3), the Chair may, by giving written notice, remove a member from office if the Chair is satisfied that one of the situations set out in sub-paragraph (2) exists.

(2)Those situations are—

(a)that the member is insolvent;

(b)that the member has been convicted of a criminal offence;

(c)that the member has been absent from meetings of the Committee for a period longer than 6 months without the permission of the Chair;

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

(3)The Chair may only remove a member from office with the agreement of the Scottish Ministers.

(4)The Scottish Ministers may, by giving written notice, remove the Chair from office if the Scottish Ministers are satisfied that one of the situations set out in sub-paragraph (2) exists.

(5)For the purposes of sub-paragraph (2)(a), a member is insolvent when—

(a)a voluntary arrangement proposed by the member is approved;

(b)the member is adjudged bankrupt;

(c)the member’s estate is sequestrated;

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

(e)the member grants a trust deed for creditors.

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