Land Reform (Scotland) Act 2016

13 Resignation and removal

(1) A member of the Commission may resign at any time by giving notice in writing to the Scottish Ministers.

(2) The Scottish Ministers may by giving notice in writing revoke the appointment of a person as a member if satisfied that the person—

(a) is insolvent,

(b) has been convicted of a criminal offence in relation to which the member has been sentenced to imprisonment for a period of 3 months or more,

(c) is incapacitated by physical illness or mental disorder,

(d) has been absent from meetings of the Commission for a period exceeding 6 months without the permission of the Commission, or

(e) is otherwise unable or unfit to exercise any of the functions of a member or is unsuitable to continue as a member.

(3) For the purposes of subsection (2)(a) a person becomes insolvent when—

(a) the person’s estate is sequestrated,

(b) the person grants a trust deed for creditors or makes a composition or arrangement with creditors,

(c) a voluntary arrangement proposed by the person is approved,

(d) the person’s application for a debt payment programme is approved under section 2 of the Debt Arrangement and Attachment (Scotland) Act 2002, or

(e) the person becomes subject to any other kind of order or arrangement analogous to those described in paragraphs (a) to (d) anywhere in the world.