Pow of Inchaffray Drainage Commission (Scotland) Act 2019

SCHEDULE 2 COMMISSIONERS

(introduced by section 4)

Appointment

1 A person appointed as a Commissioner for a section of the benefited land must be either—

(a) a heritor who owns land within that section, or

(b) the heritor’s representative of such heritor.

2 A heritor who owns land in more than one section of the benefited land, or the heritor’s representative of that heritor, may only be a Commissioner for one section.

3 Except where this Act provides otherwise, the appointment of a Commissioner is to be made at a heritors’ meeting held—

(a) in the case of a vacancy other than a vacancy under paragraph 6, within three months of the vacancy occurring,

(b) in the case of a vacancy under paragraph 6 which is not filled by the Commission under paragraph 7, within 12 months of the vacancy arising, and

(c) in any other case not later than one month before the appointment is to take effect.

4 Subject to paragraphs 5 and 6, a Commissioner must be appointed by a majority vote of the heritors attending the meeting who own land within the section of the benefited land to which the appointment relates (“the relevant heritors”).

5 If only one relevant heritor attends the meeting, the heritor may appoint a Commissioner without a vote.

6 Where no Commissioner is appointed under paragraph 4 or 5, the position is to be treated as vacant.

7 The Commission may fill a vacancy under paragraph 6 by appointing a Commissioner for a period of up to 12 months.

8 A vacancy occurring less than three months before the end of a Commissioner’s term is to be left unfilled until the end of that term.

9 Except where this Act provides otherwise, a Commissioner is appointed for a term of 10 years.

10 A person appointed to fill a vacancy to which paragraphs 3(a) or 3(b) apply holds office for the remainder of the term of appointment of the Commissioner in whose place the person has been appointed.

11 Subject to paragraph 12, a person who has served as a Commissioner may be reappointed on any number of occasions.

12 A person may not be reappointed as a Commissioner where the person’s appointment as a Commissioner has been terminated under paragraph 13(2) unless the Commission is satisfied the grounds for the person’s termination no longer apply.

Early termination of appointment as Commissioner

13 (1) A Commissioner may resign by giving notice to the Commission.

(2) The Commission may, by giving notice to the Commissioner, terminate a Commissioner’s appointment if—

(a) the Commissioner has been absent from two or more consecutive meetings of the Commission without the permission of the Commission,

(b) the Commission considers that the Commissioner is—

(i) unable to perform the functions of a Commissioner, or

(ii) unsuitable to continue as a Commissioner.

(3) For the purposes of sub-paragraph (2)(a)—

(a) a meeting of the Commission includes a meeting of a committee of the Commission of which the Commissioner is a member, and

(b) permission of the Commission includes permission of the committee where the committee meeting consists of three or more Commissioners.

(4) A Commissioner’s appointment may be terminated with immediate effect by a majority vote of heritors attending a meeting convened under section 7(1)(c)(v) who own land within the section of the benefited land to which the appointment relates.

(5) The Commission must, by giving notice to the Commissioner, terminate a Commissioner’s appointment if the Commissioner or, where the Commissioner is a heritor’s representative, the heritor the Commissioner represents, has ceased to be a heritor.