Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

SCHEDULES

Section 20(6).

SCHEDULE 2 S The Parole Board

Modifications etc. (not altering text)

C1 Ss. 1, 1A, 2(4), 3A, 5, 6(1)(a)(b)(i)(iii), 7, 9, 16, 20, 21, 26A, 27, Schs. 2, 6 extended (30.9.1998) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 10(2)(a)(5)(a)(6)(7), 11(2)(a)(4)(a)(6) (subject to art. 5) (as amended (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 paras. 135(5)(a)(d)(f)(6)(a)(b); S.I. 1998/2327, art. 2(1)(y)(2)(oo) (subject to arts. 5-8))

Ss. 1-3, 5, 6(1)(a)(b)(i)(iii), 9, 11-13, 15-21, 27, Schs. 2, 6 extended (1.10.1997) by 1997 c. 43, 56(1), Sch. 1 paras. 10(2)(5), 11(2)(4), Sch. 5 paras. 11(1)(3), 12(1); S.I. 1997/2200, art. 2(1)(n) (subject to art. 5 of the said S.I.) (which amendment fell (30.9.1998) by reason of the repeal of Sch. 5 paras. 11(1), 12(1) by 1998 c. 37, s. 120(2), Sch. 10; S.I. 1998/2327, art. 2(1)(aa)(3)(x) (subject to arts. 5-8 of the said S.I.)

Membership S

1 S The Parole Board shall consist of a [F1 chairperson] and not less than four other members appointed by the Secretary of State.

Textual Amendments

F1 Word in Sch. 2 para. 1 substituted (1.10.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 45(2)(a), 63(2); S.S.I. 2020/283, reg. 2(j)

[F2 1A S In making those appointments, the Scottish Ministers shall comply with such requirements as to procedure and consultation as may be prescribed in regulations made by them.]

Textual Amendments

F2 Sch. 2 paras. 1A, 1B inserted (27.7.2001) by 2001 asp 7, s. 5(2) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(1)(e)

[F3 1B S In making regulations under paragraph 1A above, the Scottish Ministers may make different provision for different kinds of members of the Board, including the kinds of members having the respective qualifications for office specified in paragraph 2 below.]

Textual Amendments

F3 Sch. 2 paras. 1A, 1B inserted (27.7.2001) by 2001 asp 7, s. 5(2) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(1)(e)

2 S The Parole Board shall include among its members—

F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a person appearing to the Secretary of State to have knowledge and experience of the supervision or aftercare of discharged prisoners; and

(d) a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders.

Textual Amendments

F4 Sch. 2 para. 2(a) repealed (1.10.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 42(2)(a), 63(2); S.S.I. 2020/283, reg. 2(h)

F5 Sch. 2 para. 2(b) repealed (1.10.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 42(2)(b), 63(2); S.S.I. 2020/283, reg. 2(h)

[F6 Limitation, termination etc. of appointment of members S

Textual Amendments

F6 Sch. 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)

2A An appointment as a member of the Parole Board shall, subject to paragraphs 2B to 2D below, last for [F7 the period of 5 years beginning with the date of appointment] specified in the instrument of appointment.

Textual Amendments

F7 Words in Sch. 2 para. 2A substituted (1.10.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 43(2), 63(2); S.S.I. 2020/283, reg. 2(i) (with reg. 3)

F8 2B S A member of the Parole Board may resign at any time by giving notice to that effect to the Scottish Ministers.

Textual Amendments

F8 Sch. 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)

F9 2C S An appointment of a person as a member of the Parole Board shall not extend beyond the day when the person reaches the age of 75.

Textual Amendments

F9 Sch. 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)

F10 2D S The appointment of a member of the Parole Board shall come to an end upon the member’s being removed from office under paragraph 3 below.

Textual Amendments

F10 Sch. 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)

[F11 2DA (1) A person who has been a member of the Parole Board is eligible for appointment to the membership on a subsequent occasion. S

(2) The exception to this is where the person's membership has previously ceased by virtue of—

(a) paragraph 2C, or

(b) paragraph 2D.]

Textual Amendments

F11 Sch. 2 para. 2DA inserted (31.12.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 44(2), 63(2); S.S.I. 2019/417, reg. 3

F12 2E S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Sch. 2 paras. 2E-2H repealed (31.12.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 44(3), 63(2); S.S.I. 2019/417, reg. 3

F12 2F S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Sch. 2 paras. 2E-2H repealed (31.12.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 44(3), 63(2); S.S.I. 2019/417, reg. 3

F12 2G S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Sch. 2 paras. 2E-2H repealed (31.12.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 44(3), 63(2); S.S.I. 2019/417, reg. 3

F12 2H S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Sch. 2 paras. 2E-2H repealed (31.12.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 44(3), 63(2); S.S.I. 2019/417, reg. 3

[F13 Automatic reappointment S

Textual Amendments

F13 Sch. 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.]

Performance of duties S

F14 2J The [F15 chairperson] of the Parole Board shall have regard to the desirability of securing that every member of the Parole Board is given the opportunity of participating appropriately in the functions of the Board under this Act on not fewer than 20 days in each successive period of 12 months beginning with the day of the member’s appointment as such.]

Textual Amendments

F14 Sch. 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)

F15 Word in Sch. 2 para. 2J substituted (1.10.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 45(2)(b), 63(2); S.S.I. 2020/283, reg. 2(j)

[F16 Exercise of chairperson’s functions by other members S

Textual Amendments

F16 Sch. 2 para. 2K and cross-heading inserted (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 41(2), 59(1)

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). S

(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.]

F17 2L S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Sch. 2 paras. 2K, 2L inserted (temp.) (7.4.2020) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 17(1), sch. 4 para. 17(2) (with ss. 11-13) (which affecting provision expires (1.10.2022) by virtue of Coronavirus (Scotland) Act 2020 (asp 7), s. 12(1))

[F18 Removal of members from office S

Textual Amendments

F18 Sch. 2 paras. 3-3D substituted for Sch. 2 para. 3 (8.10.2001) by 2001 asp 7, s. 5(4) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

3 A member of the Parole Board may be removed from office by and only by order of the tribunal constituted by and under paragraph 3B below (“the tribunal”).]

F19 3A S The tribunal may order the removal from office of a member only if, after investigation carried out at the request of the Scottish Ministers, it finds that the member is unfit for office by reason of inability, neglect of duty or misbehaviour.

Textual Amendments

F19 Sch. 2 paras. 3-3D substituted for Sch. 2 para. 3 (8.10.2001) by 2001 asp 7, s. 5(4) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

F20 3B S The tribunal shall consist of the following three members, who shall be appointed by the Lord President of the Court of Session—

(a) either a Senator of the College of Justice or a sheriff principal (who shall preside);

(b) a person who is, and has been for at least ten years, legally qualified; and

(c) one other person who shall not be legally qualified.

Textual Amendments

F20 Sch. 2 paras. 3-3D substituted for Sch. 2 para. 3 (8.10.2001) by 2001 asp 7, s. 5(4) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

F21 3C S For the purposes of paragraph 3B above, a person is legally qualified if that person is an advocate or a solicitor.

Textual Amendments

F21 Sch. 2 paras. 3-3D substituted for Sch. 2 para. 3 (8.10.2001) by 2001 asp 7, s. 5(4) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

F22 3D S Regulations, made by the Scottish Ministers—

(a) may make provision enabling the tribunal, at any time during an investigation, to suspend a member from office and providing as to the effect and duration of such suspension; and

(b) shall make such further provision as respects the tribunal as the Scottish Ministers consider necessary or expedient, including provision for the procedure to be followed by and before it.

Textual Amendments

F22 Sch. 2 paras. 3-3D substituted for Sch. 2 para. 3 (8.10.2001) by 2001 asp 7, s. 5(4) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)

Remuneration and allowances S

4 S There shall be paid to the members of the Board such remuneration and allowances as the Secretary of State may F23 . . . determine.

Textual Amendments

F23 Words in Sch. 2 para. 4 repealed (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 110, Pt. IV; S.I. 1998/3178, art. 3

5 S The expenses of the Board under paragraph 4 above and any other expenses incurred by the Board in discharging the functions mentioned in section 20(1) of this Act shall be defrayed by the Secretary of State.

Reports S

6 S The Board shall as soon as practicable after the end of each year make to the Secretary of State a report on the performance of its functions during that year, and the Secretary of State shall lay a copy of the report before Parliament.

[F24 Regulations S

Textual Amendments

F24 Sch. 2 paras. 6A, 6B inserted (27.7.2001) by 2001 asp 7, s. 5(5) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(1)(e)

6A Regulations under paragraphs 1A and 3D above shall be made by statutory instrument.

F25 6B S No such regulations shall be made unless laid in draft before, and approved by resolution of, the Scottish Parliament.]

Textual Amendments

F25 Sch. 2 paras. 6A, 6B inserted (27.7.2001) by 2001 asp 7, s. 5(5) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(1)(e)