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The Community Justice Authorities (Establishment, Constitution and Proceedings) (Scotland) Order 2006

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Appointment of Members and Duration of Membership

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3.—(1) Subject to the provisions of article 12(1), each member shall be appointed by the relevant local authority at the first meeting of the relevant local authority after a local authority election or, as the case may be, at the first meeting of the relevant local authority following receipt by it of a notice from the authority under paragraph (4).

(2) Such appointment shall have effect until the first meeting of the relevant local authority after the subsequent local authority election.

(3) Each relevant local authority shall determine the process to be followed by it for selecting and appointing the member or members that it is required to appoint in terms of paragraph (1).

(4) A member may resign from office as a member of the authority by giving written notice to that effect to the Chief Officer of the authority and on receipt of such notice, or following the death of a member, the authority shall inform the relevant local authority of the resulting vacancy and request that authority to appoint a new member, who shall remain in office until the expiry of the current term of office of the members of the authority.

(5) A member shall cease to be a member of the authority immediately on ceasing to be a member of the relevant local authority.

(6) A relevant local authority may, on giving notice in writing to the member concerned and to the Chief Officer of the authority, at any time terminate the membership of the authority of any member that it has appointed in terms of paragraph (1).

(7) In the event that a member ceases to be a member of the authority the relevant local authority shall as soon as reasonably practicable arrange for the appointment of a new member, who shall remain in office until the expiry of the current term of office of the members of the authority.

(8) A relevant local authority may, if a member that it has appointed is unable to attend any meetings of the authority, or at any time when there is a vacancy among the members to be appointed by that relevant local authority, appoint another member of the relevant local authority to attend in that member’s place and for the purposes of this Order the person so appointed shall, while holding that appointment, be deemed to be a member of the authority.

(9) Any vacancy, and any defect in the appointment of a member of the authority or the convener or deputy convener of that authority, shall not invalidate any proceedings of the authority.

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