Community Justice (Scotland) Act 2016

Power to end membership

6 (1) The Scottish Ministers may end a person’s membership of Community Justice Scotland if—

(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).