4(1)Unless sub-paragraph (3) applies, a member of the Scottish Tribunals is to be reappointed as such at the end of each period for which the position is held.S
(2)Reappointment under sub-paragraph (1) is to the position for the period of 5 years beginning with the date of the reappointment.
(3)This sub-paragraph applies if—
(a)the member has declined to be reappointed,
(b)the member is ineligible for reappointment,
(c)the President of Tribunals has recommended to the Scottish Ministers that the member should not be reappointed.
(4)In sub-paragraph (1), the reference to the period for which a position is held is to—
(a)the period for which the position is held in accordance with paragraph 2 or 3, or
(b)any further period for which the position is held by virtue of reappointment in accordance with sub-paragraphs (1) and (2).
(5)A reference in this paragraph to reappointment includes appointment at the end of a period for which a position is held by virtue of paragraph 2(2) as well as reappointment at the end of a period for which a position is held by virtue of any relevant appointment (or reappointment).
Commencement Information
I1Sch. 7 para. 4 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
5SFor the purpose of paragraph 4(3)(b), a member is ineligible for reappointment only if the member would not be eligible for appointment to the position in accordance with the relevant provisions of schedule 3 or (as the case may be) schedule 5 were the member being appointed to the position for the first time.
Commencement Information
I2Sch. 7 para. 5 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
6SFor the purpose of paragraph 4(3)(c), the President of Tribunals may recommend to the Scottish Ministers that a member should not be reappointed only if satisfied that—
(a)the member has failed to comply with—
(i)any of the relevant terms and conditions of membership, or
(ii)any other requirement imposed on the member by or under this Act, or
(b)the Tribunal concerned no longer requires—
(i)a member with the qualifications, experience and training of that member, or
(ii)the same number of members for the efficient disposal of its business.
Commencement Information
I3Sch. 7 para. 6 in force at 1.4.2015 by S.S.I. 2015/116, art. 2
7SReappointment by virtue of paragraph 4 is not subject to any process of appointment arising in relation to a position within the Scottish Tribunals by virtue of section 10(2A) of the Judiciary and Courts (Scotland) Act 2008.
Commencement Information
I4Sch. 7 para. 7 in force at 1.4.2015 by S.S.I. 2015/116, art. 2