Coronavirus (Recovery and Reform) (Scotland) Act 2022

41 Chairperson’s functions

(1) The Prisoners and Criminal Proceedings (Scotland) Act 1993 is modified as follows.

(2) In schedule 2 (the Parole Board), after paragraph 2J insert—

“Exercise of chairperson’s functions by other members

2K (1) A function conferred on the chairperson of the Parole Board may be exercised by another member of the Parole Board in accordance with the scheme prepared under sub-paragraph (3).

(2) Another member’s being authorised by the scheme to exercise one of the chairperson’s functions does not preclude the chairperson from exercising that function.

(3) The chairperson must prepare a scheme that authorises another member, or members, to exercise the functions conferred on the chairperson.

(4) The scheme—

(a) must be framed so that a member is, or a combination of members are, authorised to discharge all of the chairperson’s functions in the following circumstances—

(i) there is no chairperson,

(ii) the chairperson is unable to exercise the functions for any reason (for example due to ill health), and

(b) may be framed so that, outwith those circumstances, other members are authorised to discharge any, or all, of the chairperson’s functions either at any time or in circumstances specified by the scheme.

(5) The chairperson may modify the scheme at any time.

(6) The Parole Board must make the scheme publicly available.

(7) Only the chairperson may prepare and modify the scheme; accordingly, the references to the chairperson’s functions elsewhere in this paragraph do not include the functions of preparing and modifying the scheme.”.