SCHEDULE 4The Police Complaints Commissioner for Scotland

Tenure and removal from office

3

1

Subject to this paragraph and paragraph 4, a person holds office as Commissioner on such terms and conditions as the Scottish Ministers may determine.

2

The period of a person's appointment as Commissioner is—

a

in the case of a first appointment, 3 years; and

b

in the case of a reappointment, 2 years.

3

A person holding office as Commissioner may, by written notice to the Scottish Ministers, resign at any time.

4

The Scottish Ministers may remove a person from the office of Commissioner if satisfied that any of the grounds mentioned in sub-paragraph (5) is the case.

5

Those grounds are—

a

the person has failed without reasonable excuse to carry out the functions of the office for a continuous period of 3 months;

b

the person falls within one or more of the sub-sub-paragraphs of paragraph 2(1);

c

the person has, since appointment, been convicted of a criminal offence;

d

the person's estate has been sequestrated or the person has been adjudged bankrupt, has made an arrangement with creditors or has granted a trust deed for creditors or a composition contract;

e

the person is subject to a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or under Part 2 of the Companies (Northern Ireland) Order 1989 (S.I. 1989/2404 (N.I. 18));

f

the person has acted improperly in relation to the person's duties;

g

the person is otherwise unable or unfit to perform the person's duties.