PART 3The Parole Board
Membership and appointment
I144Further appointment to membership
1
The 1993 Act is amended as follows.
2
After paragraph 2D of schedule 2 there is inserted—
2DA
1
A person who has been a member of the Parole Board is eligible for appointment to the membership on a subsequent occasion.
2
The exception to this is where the person's membership has previously ceased by virtue of—
a
paragraph 2C, or
b
paragraph 2D.
3
Paragraphs 2E to 2H of schedule 2 are repealed.
4
After paragraph 2H of schedule 2 there is inserted—
Automatic reappointment
2HA
1
A member of the Parole Board is to be reappointed to the membership on the expiry of the period of the member's appointment, unless—
a
in any case, sub-paragraph (2) applies, or
b
where the member is not the chairperson, sub-paragraph (3) applies.
2
This sub-paragraph applies if the member has declined to be reappointed.
3
This sub-paragraph applies if the Scottish Ministers have accepted a recommendation made to them by the chairperson that the other member should not be reappointed.
4
A recommendation of that kind may be made to the Scottish Ministers only if the chairperson is satisfied that—
a
the other member has failed to comply with any of the terms and conditions of membership by which the member is bound, or
b
the number of members required for the Board to carry out its functions is such that the services of the other member are no longer needed.
5
The instrument of appointment of the member may be annotated or reissued so as to show that the member is reappointed under sub-paragraph (1).
2HB
1
Sub-paragraphs (2) and (3) apply in connection with paragraph 2HA(1).
2
The reference in paragraph 2HA(1) to the period of the appointment includes each period of reappointment under that paragraph.
3
In addition—
a
the provisions of paragraphs 1 to 2D apply in relation to reappointment under paragraph 2HA(1) as well as applying otherwise, and
b
the references in paragraphs 1 to 2D to appointment are so far as necessary for this purpose to be read as including reappointment,
which in particular means that reappointment is for 5 years at a time.