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Act of Sederunt (Fitness Assessment Tribunal Rules) 2016

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Termination of proceedings

14.—(1) If the presenting officer considers at any time that it cannot be established that the member concerned is unfit to hold the position of member of the Scottish Tribunals by reason of inability, neglect of duty or misbehaviour, the presenting officer must—

(a)recommend in writing to the tribunal that no further procedure is required; and

(b)give reasons for that recommendation in writing.

(2) The Judicial Office must provide a copy of the recommendation and reasons to the member concerned.

(3) If the member concerned ceases to be a member of the Scottish Tribunals at any stage in the proceedings, the proceedings are terminated.

(4) At any stage in the proceedings, the tribunal may—

(a)on the basis of a recommendation by the investigating officer or the presenting officer;

(b)on the basis of a submission by the member concerned; or

(c)on its own motion,

determine that it cannot be established that the member concerned is unfit to hold the position of member of the Scottish Tribunals by reason of inability, neglect of duty or misbehaviour.

(5) Where the tribunal makes a determination mentioned in subparagraph (4), it must submit a report to that effect to the First Minister and the Lord President in accordance with paragraph 22(2) of schedule 8 of the 2014 Act.

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