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Age of Criminal Responsibility (Scotland) Act 2019

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12Period and terms of appointment

(1)The Scottish Ministers are to appoint a person as the independent reviewer for a period of 3 years.

(2)A person is to be appointed as independent reviewer on such terms and conditions as the Scottish Ministers determine.

(3)A person may be reappointed as independent reviewer for a further period or periods.

(4)A person is disqualified from appointment, and from holding office, as the independent reviewer if the person is or becomes—

(a)a member of the House of Commons,

(b)a member of the Scottish Parliament,

(c)a member of the European Parliament, or

(d)a councillor of a local authority.

(5)The Scottish Ministers may pay such remuneration or allowances to the independent reviewer as they determine.

(6)Where the office of independent reviewer is vacant or the reviewer is for any reason unable to exercise the reviewer’s functions, the Scottish Ministers may designate a person to exercise those functions for such period as Ministers consider necessary.

(7)The Scottish Ministers may remove a person from the office of independent reviewer, by giving notice to the person in writing, if—

(a)the person has, since appointment, been convicted of an offence listed in schedule 8A or 8B of the 1997 Act,

(b)the person becomes insolvent, or

(c)the Scottish Ministers consider that the person—

(i)is unable to exercise the reviewer’s functions, or

(ii)is unsuitable to continue to hold that office.

(8)For the purposes of subsection (7)(b), a person becomes insolvent if—

(a)the person’s estate is sequestrated,

(b)the person grants a trust deed for creditors or makes a composition or arrangement with creditors,

(c)a voluntary arrangement proposed by the person is approved,

(d)the person’s application for a debt payment programme is approved under section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002, or

(e)the person becomes subject to any other kind of order or arrangement analogous to those described in paragraphs (a) to (d) anywhere in the world.

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