Scottish Parliamentary Commissions and Commissioners etc. Act 2010

The Commissioner: period of appointment, removal etc. S

1 S In section 2 (appointment of Commissioner)—

(a) in subsection (3) (period of appointment) for “five” there is substituted “ eight ”,

(b) for subsection (4) (re-appointment) there is substituted—

“(4) A person who has been appointed Commissioner is ineligible for re-appointment at any time.”

2 S In section 3 (removal of Commissioner) for subsections (1)(b) and (2) there is substituted—

“(b) subsection (2) applies.

(2) This subsection applies if—

(a) the Parliamentary corporation is satisfied that the Commissioner has breached the terms and conditions of appointment and the Parliament resolves that the Commissioner should be removed from office for that breach, or

(b) the Parliament resolves that it has lost confidence in the Commissioner's willingness, suitability or ability to perform the functions of the Commissioner,

and, in either case, the resolution is voted for by a number of members not fewer than two thirds of the total number of seats for members of the Parliament.”