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5(1)Where the office of Ombudsman is vacant, the Parliamentary corporation may appoint a person (whether or not a deputy Ombudsman or a member of the Ombudsman’s staff) to discharge the Ombudsman’s functions until a new Ombudsman is appointed; and a person so appointed is referred to in this Act as an “acting Ombudsman”.
(2)A person who is disqualified from appointment as Ombudsman is also disqualified from appointment as acting Ombudsman.
(3)A person appointed to be acting Ombudsman—
(a)may be relieved of office at that person’s request,
(b)may be removed from office by the Parliamentary corporation by notice in writing given by it,
(c)in other respects, holds office on such terms and conditions as the Parliamentary corporation may determine,
(d)while holding that office, is to be treated for all purposes, except those of paragraphs 3(a), 4, 7 and 8, as the Ombudsman.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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