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Local Government etc. (Scotland) Act 1994

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Version Superseded: 24/06/2013

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MembershipS

3(1)The members of the Administration shall be not fewer than five, nor more than eight, persons one of whom shall be the Principal Reporter; the others shall be appointed by the Secretary of State under this paragraph.S

(2)The persons appointed under this paragraph to be members of the Administration shall be persons appearing to the Secretary of State to have knowledge or experience relevant to the general purpose of the Administration or to the functions of the Principal Reporter.

(3)The Secretary of State may, by order, substitute another number for that specified in sub-paragraph (1) above as the maximum number of members of the Administration.

(4)An order under sub-paragraph (3) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

4(1)The Secretary of State shall satisfy himself—S

(a)before he appoints a person to be a member of the Administration under paragraph 3 above that the person will have no such financial or other interest as is likely to affect prejudicially the performance of his functions as a member; and

(b)from time to time that each person so appointed continues, and has continued, to have no such interest.

(2)A person in respect of whom the Secretary of State requires to be satisfied as is mentioned in sub-paragraph (1)(b) above shall, whenever requested by the Secretary of State to do so, furnish the Secretary of State with such information as the Secretary of State may consider necessary for the purposes of fulfilling that requirement.

5SSubject to paragraphs 6 and 7 below, each member of the Administration appointed under paragraph 3 above—

(a)shall hold and vacate office in accordance with the terms of his appointment;

(b)may, by notice in writing to the Secretary of State, resign his membership; and

(c)after ceasing to hold office shall be eligible for reappointment as a member.

6SThe Secretary of State may remove from office a member of the Administration appointed under paragraph 3 above if he is satisfied that the member—

(a)has had his estate sequestrated, has made an arrangement with his creditors, has been adjudged bankrupt or has granted a trust deed for his creditors or a composition contract;

(b)is incapacitated by physical or mental illness;

(c)has been absent from meetings of the Administration for a period longer than three months without the permission of the Administration; or

(d)is otherwise unable or unfit to discharge his functions as a member or is unsuitable to continue as a member.

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