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(1)If an Act of the Scottish Parliament confers power to appoint a person to an office, the power includes power—
(a)to determine the terms and conditions of appointment,
(b)to remove or suspend a person from the office,
(c)to reappoint a person to the office,
(d)to reinstate a person in the office,
(e)where subsection (2) applies, to appoint a person to the office in place of the last holder of the office.
(2)This subsection applies where—
(a)the office is vacant,
(b)the person holding the office is suspended from office, or
(c)the person holding the office is incapacitated in a way that affects the performance of the person in the office.
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Text created by the Scottish Government 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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