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Community Justice (Scotland) Act 2016

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This is the original version (as it was originally enacted).

SCHEDULE 1COMMUNITY JUSTICE SCOTLAND

(introduced by section 3)

This schedule has no associated Explanatory Notes

Corporate status

1Community Justice Scotland is a body corporate.

Exclusion of Crown status

2(1)Community Justice Scotland—

(a)is not a servant or agent of the Crown, and

(b)does not enjoy any status, immunity or privilege of the Crown.

(2)Community Justice Scotland’s property is not property of, or property held on behalf of, the Crown.

Membership

3(1)Community Justice Scotland is to consist of—

(a)a member appointed by the Scottish Ministers to chair Community Justice Scotland, and

(b)at least 5 but no more than 8 other members appointed by the Scottish Ministers.

(2)The Scottish Ministers may not appoint a person as a member if the person is—

(a)a member of the Scottish Parliament,

(b)a member of the House of Commons,

(c)a member of the House of Lords,

(d)a member of the European Parliament.

(3)The Scottish Ministers must make appointments of members of Community Justice Scotland in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements.

(4)In sub-paragraph (3), “equal opportunities” and “equal opportunity requirements” have the same meanings as in Section L2 of Part 2 of Schedule 5 to the Scotland Act 1998.

(5)The Scottish Ministers may by regulations modify sub-paragraph (1)(b) by substituting for the minimum or maximum number of members for the time being specified there such other number as they consider appropriate.

(6)Regulations under sub-paragraph (5) are subject to the negative procedure.

(7)The members of Community Justice Scotland may elect from their number a member to—

(a)deputise for the person appointed under sub-paragraph (1)(a),

(b)act during any period when there is no person appointed under that sub-paragraph.

Tenure etc.

4(1)A member is appointed for such period not exceeding 3 years as the Scottish Ministers determine.

(2)A person who has been a member may be reappointed.

(3)But a person must not hold office as a member for a period exceeding 8 years (whether in consecutive or non-consecutive appointments).

(4)A member holds and vacates office on such terms and conditions as the Scottish Ministers may determine (in relation to matters not covered by this schedule).

(5)A member may resign by informing the Scottish Ministers in writing to that effect.

Events which automatically end membership

5A person’s membership of Community Justice Scotland ends if the person becomes—

(a)a member of the Scottish Parliament,

(b)a member of the House of Commons,

(c)a member of the House of Lords,

(d)a member of the European Parliament.

Power to end membership

6(1)The Scottish Ministers may end a person’s membership of Community Justice Scotland if—

(a)the person becomes an undischarged bankrupt, or

(b)the Scottish Ministers are satisfied that the person—

(i)has, without reasonable excuse, been absent from 3 consecutive meetings of Community Justice Scotland,

(ii)is unable to perform the functions of a member, or

(iii)is unsuitable to continue as a member.

(2)In sub-paragraph (1)(a), “undischarged bankrupt” means a person—

(a)whose estate has been sequestrated and who has not been discharged (or against whom a bankruptcy order has been made and is still in force),

(b)who has granted a trust deed for, or made a composition or arrangement with, creditors and has not been discharged in respect of it,

(c)who is the subject of a bankruptcy restrictions order, or an interim bankruptcy restrictions order, made under the Bankruptcy (Scotland) Act 1985 or the Insolvency Act 1986,

(d)who is the subject of a bankruptcy restrictions undertaking entered into under either of those Acts,

(e)who has been adjudged bankrupt and has not been discharged, or

(f)who is subject to any other kind of arrangement or undertaking, anywhere in the world, which is analogous to those described in paragraphs (a) to (d).

Remuneration and allowances of members

7Community Justice Scotland must pay each member such remuneration and allowances as the Scottish Ministers may determine.

Chief executive and other staff

8(1)Community Justice Scotland is to have, as a member of staff, a chief executive.

(2)The Scottish Ministers are to appoint the first chief executive on such terms and conditions as they determine.

(3)Community Justice Scotland is to appoint each subsequent chief executive with the approval of the Scottish Ministers.

(4)Community Justice Scotland may appoint other members of staff.

(5)An appointment under sub-paragraph (3) or (4) is to be on such terms and conditions as Community Justice Scotland, with the approval of the Scottish Ministers, determines.

Pensions, allowances and gratuities

9(1)Community Justice Scotland may, with the approval of the Scottish Ministers, make provision for such pensions, allowances or gratuities in respect of any person who is or has been a member of staff of Community Justice Scotland as it may determine.

(2)That provision may take the form of—

(a)payment (or making arrangements for the payment) of,

(b)payments or contributions towards the provision of,

(c)providing and maintaining schemes (whether contributory or not) for the payment of,

such pensions, allowances or gratuities.

(3)Those pensions, allowances or gratuities may include pensions, allowances or gratuities by way of compensation for loss of office.

Procedure

10Community Justice Scotland may regulate its own procedure (including quorum).

Committees

11(1)Community Justice Scotland may establish committees and sub-committees.

(2)The membership of a committee or sub-committee may include (but may not consist entirely of) persons who are not members of Community Justice Scotland, but those persons are not entitled to vote at meetings.

(3)Community Justice Scotland may pay such remuneration and allowances as it may determine to each member of a committee or sub-committee who is not a member of, or member of staff of, Community Justice Scotland.

(4)A committee or sub-committee must comply with any direction given to it by Community Justice Scotland.

(5)Community Justice Scotland may regulate the procedure (including quorum) of any of its committees or sub-committees.

Validity of things done

12The validity of anything done by Community Justice Scotland, or its committees or sub-committees, is not affected by—

(a)a vacancy in membership,

(b)a defect in the appointment of a member,

(c)a person’s membership having ended under paragraph 5.

Authority to exercise functions

13(1)Community Justice Scotland may authorise the exercise of any of its functions by—

(a)one (or some) of its members,

(b)a member of its staff, or

(c)any of its committees or sub-committees.

(2)Authorisation for the purpose of sub-paragraph (1) may be general or limited to the exercise of the function in specific circumstances.

(3)This paragraph does not affect the responsibility of Community Justice Scotland for the exercise of its functions.

Legislation relating to public bodies

14(1)In the Ethical Standards in Public Life etc. (Scotland) Act 2000, in schedule 3, before the entry for Creative Scotland insert—

Community Justice Scotland.

(2)In the Scottish Public Services Ombudsman Act 2002, in schedule 2, before paragraph 21ZC insert—

21ZZCCommunity Justice Scotland..

(3)In the Freedom of Information (Scotland) Act 2002, in schedule 1, before paragraph 62ZC insert—

62ZZCCommunity Justice Scotland..

(4)In the Public Appointments and Public Bodies etc. (Scotland) Act 2003, in schedule 2, after the entry relating to Children’s Hearings Scotland insert—

  • Community Justice Scotland.

(5)In the Public Services Reform (Scotland) Act 2010, in schedule 8, after the entry for the Common Services Agency for the Scottish Health Service insert—

  • Community Justice Scotland.

(6)In the Public Records (Scotland) Act 2011, in the schedule, after the entry for the Common Services Agency for the Scottish Health Service insert—

  • Community Justice Scotland.

(7)In the Procurement Reform (Scotland) Act 2014, in the schedule, after paragraph 28 insert—

28ACommunity Justice Scotland.

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