Police, Public Order and Criminal Justice (Scotland) Act 2006

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.