SCHEDULE 4The Police Investigations and Review Commissioner

Vacancy in office of Commissioner

6

(1)

The Scottish Ministers may appoint a person (who may be a member of the Commissioner's staff) to carry out the functions of the Commissioner during a period in which the office is vacant (an “acting Commissioner”).

(2)

A person who is disqualified for appointment to the office of Commissioner is also disqualified for appointment as an acting Commissioner.

(3)

A person appointed to be acting Commissioner—

(a)

may, by written notice to the Scottish Ministers, resign at any time;

(b)

may be dismissed by the Scottish Ministers at any time;

(c)

in other respects, holds appointment on such terms and conditions as the Scottish Ministers may determine.

(4)

While holding appointment as acting Commissioner, a person is to be treated as the Commissioner for all purposes other than those of paragraphs 3, 4 and 5.