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Prisoners and Criminal Proceedings (Scotland) Act 1993
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- UK Public General Acts
- 1993 c. 9
- SCHEDULE 2
- Automatic reappointment
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Changes over time for: Cross Heading: Automatic reappointment
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Prisoners and Criminal Proceedings (Scotland) Act 1993, Cross Heading: Automatic reappointment is up to date with all changes known to be in force on or before 30 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 3A(3A) inserted by 2019 asp 14 s. 51(2)
- s. 3B inserted by 2019 asp 14 s. 51(3)
- s. 3B(1)(a) words inserted by 2021 c. 11 Sch. 13 para. 52(10)(a)
- s. 3B(1)(b) words inserted by 2021 c. 11 Sch. 13 para. 52(10)(b)(i)
- s. 3B(1)(b) words inserted by 2021 c. 11 Sch. 13 para. 52(10)(b)(ii)
- s. 3B(4)(b) words inserted by 2021 c. 11 Sch. 13 para. 52(10)(c)
- s. 3C-3E and cross-heading inserted by 2023 asp 4 s. 11(2)
- s. 3AA(4)(aa) inserted by 2023 asp 4 s. 9(4)(b)(ii)
- s. 3AA(7A) inserted by 2023 asp 4 s. 9(4)(d)
- s. 3AB 3AC inserted by 2023 asp 4 s. 9(5)
- s. 11(3C)(3D) inserted by 2023 asp 4 s. 9(6)(b)
- s. 12(3A) inserted by 2023 asp 4 s. 11(3)
- s. 12AA(7) inserted by 2023 asp 4 s. 9(8)(d)
- s. 12ZA inserted by 2023 asp 4 s. 11(4)
- s. 16(2A) inserted by 2016 asp 1 s. 86(4)
- s. 17(2A)(2B) inserted by 2023 asp 4 s. 10(2)
- s. 17A(2B)(2C) inserted by 2023 asp 4 s. 10(3)(a)
- s. 17B inserted by 2023 asp 4 s. 10(4)
- s. 27(7A)(7B) inserted by 2023 asp 4 s. 8(2)(b)
[F1[F2Automatic reappointmentS
Textual Amendments
F1Sch. 2 paras. 2A-2J inserted (8.10.2001) by 2001 asp 7, s. 5(3) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)
F2Sch. 2 paras. 2HA, 2HB and cross-heading inserted (31.12.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 44(4), 63(2); S.S.I. 2019/417, reg. 3 (with reg. 3)
2HA(1)A member of the Parole Board is to be reappointed to the membership on the expiry of the period of the member's appointment, unless—
(a)in any case, sub-paragraph (2) applies, or
(b)where the member is not the chairperson, sub-paragraph (3) applies.
(2)This sub-paragraph applies if the member has declined to be reappointed.
(3)This sub-paragraph applies if the Scottish Ministers have accepted a recommendation made to them by the chairperson that the other member should not be reappointed.
(4)A recommendation of that kind may be made to the Scottish Ministers only if the chairperson is satisfied that—
(a)the other member has failed to comply with any of the terms and conditions of membership by which the member is bound, or
(b)the number of members required for the Board to carry out its functions is such that the services of the other member are no longer needed.
(5)The instrument of appointment of the member may be annotated or reissued so as to show that the member is reappointed under sub-paragraph (1).
2HB(1)Sub-paragraphs (2) and (3) apply in connection with paragraph 2HA(1).
(2)The reference in paragraph 2HA(1) to the period of the appointment includes each period of reappointment under that paragraph.
(3)In addition—
(a)the provisions of paragraphs 1 to 2D apply in relation to reappointment under paragraph 2HA(1) as well as applying otherwise, and
(b)the references in paragraphs 1 to 2D to appointment are so far as necessary for this purpose to be read as including reappointment,
which in particular means that reappointment is for 5 years at a time.]]
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