SCHEDULE 1The Judicial Appointments Board for Scotland
Removal of members
8
(1)
The Lord President may, by notice in writing, remove a judicial member from office if satisfied, after consulting the Chairing Member and the Scottish Ministers, that sub-paragraph (4) applies in relation to the member.
(2)
The Scottish Ministers may, by notice in writing, remove a legal or lay member from office if satisfied, after consulting the Chairing Member (unless that is the member concerned) and the Lord President, that sub-paragraph (4) applies in relation to the member.
(3)
A member may not be removed from office under sub-paragraph (1) or (2) without the member being afforded an opportunity to be heard by the Lord President or, as the case may be, the Scottish Ministers.
(4)
This sub-paragraph applies if the member—
(a)
has failed without reasonable excuse to discharge the functions of a member for a continuous period of 6 months,
(b)
has been convicted of any offence,
(c)
has become insolvent, or
(d)
is otherwise unfit to be a member or unable for any reason to discharge the functions of a member.
(5)
For the purposes of sub-paragraph (4)(c), a member becomes insolvent on—
(a)
the approval of a voluntary arrangement proposed by the member,
(b)
being adjudged bankrupt,
(c)
the member's estate's being sequestrated, or
(d)
the member's granting a trust deed for creditors.