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.