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Paragraphs 2E to 2H of schedule 2 are repealed.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.