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Community Justice (Scotland) Act 2016
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Community Justice (Scotland) Act 2016, Paragraph 6 is up to date with all changes known to be in force on or before 20 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 34A 34B and cross-heading inserted by 2023 asp 4 s. 12(2)
- s. 34C 34D and cross-heading inserted by 2023 asp 4 s. 13(2)
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6(1)The Scottish Ministers may end a person's membership of Community Justice Scotland if—S
(a)the person becomes an undischarged bankrupt, or
(b)the Scottish Ministers are satisfied that the person—
(i)has, without reasonable excuse, been absent from 3 consecutive meetings of Community Justice Scotland,
(ii)is unable to perform the functions of a member, or
(iii)is unsuitable to continue as a member.
(2)In sub-paragraph (1)(a), “undischarged bankrupt” means a person—
(a)whose estate has been sequestrated and who has not been discharged (or against whom a bankruptcy order has been made and is still in force),
(b)who has granted a trust deed for, or made a composition or arrangement with, creditors and has not been discharged in respect of it,
(c)who is the subject of a bankruptcy restrictions order, or an interim bankruptcy restrictions order, made under the Bankruptcy (Scotland) Act 1985 or the Insolvency Act 1986,
(d)who is the subject of a bankruptcy restrictions undertaking entered into under either of those Acts,
(e)who has been adjudged bankrupt and has not been discharged, or
(f)who is subject to any other kind of arrangement or undertaking, anywhere in the world, which is analogous to those described in paragraphs (a) to (d).
Commencement Information
I1Sch. 1 para. 6 in force at 1.10.2016 for specified purposes by S.S.I. 2016/262, reg. 2, sch.
I2Sch. 1 para. 6 in force at 1.4.2017 in so far as not already in force by S.S.I. 2017/33, reg. 2(3)
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