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4.—(1) The members of the Board are to be appointed by the Scottish Ministers on such terms and conditions as the Scottish Ministers consider appropriate.
(2) Any person appointed to be a member of the Board must hold and vacate office in accordance with the terms of that person’s appointment and will, on ceasing to be a member of the Board, be eligible for re-appointment.
(3) Any person so appointed may at any time resign by written notice given to the Scottish Ministers.
(4) The Scottish Ministers may remove a member from the Board by giving the member notice in writing, if the Scottish Ministers are satisfied that the member—
(a)is unable to perform the member’s functions,
(b)has (without reasonable excuse) been absent from three consecutive meetings of the Board, or
(c)is otherwise unfit to continue to be a member.
(5) Voting members of the Board may make recommendations to the Scottish Ministers that the Scottish Ministers—
(a)appoint a person to the Board,
(b)amend the rules relating to the membership of the Board contained in regulation 3.
(6) Where the voting members of the Board make a recommendation to the Scottish Ministers under paragraph (5) above, Ministers may give effect to any such recommendation, with or without modifications, or may decline to give effect to any such recommendation.
(7) Voting members of the Board are not permitted to make recommendations to the Scottish Ministers under paragraph (5) above in relation to the appointment of a person to the role of chairperson.
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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