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Fire (Scotland) Act 2005

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[F15(1)The Scottish Ministers may remove a member from office if—S

(a)the member is an undischarged bankrupt,

(b)the member has, without reasonable excuse, been absent from meetings of SFRS for a period longer than 4 consecutive months,

(c)the member has, without reasonable excuse, been absent from 3 consecutive meetings of SFRS,

(d)the member has been convicted (whether before or after the member's appointment) of a criminal offence,

(e)the member has failed to comply with the terms or conditions of the member's appointment,

(f)the Scottish Ministers consider that the member is otherwise unfit to be a member or is unable for any reason to carry out the member's functions.

(2)For the purposes of sub-paragraph (1)(a), “undischarged bankrupt” means a person—

(a)whose estate has been sequestrated and who has not been discharged (or against whom a bankruptcy order has been made and is still in force),

(b)who has granted a trust deed for, or made a composition or arrangement with, creditors (and has not been discharged in respect of it),

(c)who is the subject of a bankruptcy restrictions order, or an interim bankruptcy restrictions order, made under the Bankruptcy (Scotland) Act 1985 (c.66)[F2, the Bankruptcy (Scotland) Act 2016] or the Insolvency Act 1986 (c.45),

(d)who is the subject of a bankruptcy restrictions undertaking entered into under [F3paragraph 7 of Schedule 4A to the Insolvency Act 1986],

(e)who has been adjudged bankrupt (and has not been discharged), or

(f)who is subject to any other kind of order, arrangement or undertaking analogous to those mentioned in paragraphs (a) to (d), anywhere in the world.]

Textual Amendments

F3Words in sch. 1A para. 5(2)(d) substituted (1.4.2015) by Bankruptcy and Debt Advice (Scotland) Act 2014 (asp 11), s. 57(2), sch. 3 para. 39; S.S.I. 2014/261, art. 3 (with arts. 4-7, 12) (as amended by S.S.I. 2015/54, art. 2)

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