Scottish Public Services Ombudsman Act 2002

Vacancy in office of deputy Ombudsman

6 (1) Where there is a vacancy in the office of deputy Ombudsman, the Parliamentary corporation may appoint a person (whether or not a member of the Ombudsman’s staff) to be an acting deputy Ombudsman until a deputy Ombudsman is appointed to fill the vacancy.

(2) For the purposes of sub-paragraph (1), there is a vacancy in the office of deputy Ombudsman if—

(a) there are fewer than 3 deputy Ombudsmen (whether or not as a consequence of one or more deputies ceasing to hold office as such), and

(b) the Parliamentary corporation reasonably believes that the Parliament is likely to nominate a person for appointment by Her Majesty as a deputy Ombudsman.

(3) A person who is disqualified from appointment as a deputy Ombudsman is also disqualified from appointment as an acting deputy Ombudsman.

(4) A person appointed to be an acting deputy 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 a deputy Ombudsman.