Pow of Inchaffray Drainage Commission (Scotland) Act 2019

Early termination of appointment as Commissioner

13 (1) A Commissioner may resign by giving notice to the Commission.

(2) The Commission may, by giving notice to the Commissioner, terminate a Commissioner’s appointment if—

(a) the Commissioner has been absent from two or more consecutive meetings of the Commission without the permission of the Commission,

(b) the Commission considers that the Commissioner is—

(i) unable to perform the functions of a Commissioner, or

(ii) unsuitable to continue as a Commissioner.

(3) For the purposes of sub-paragraph (2)(a)—

(a) a meeting of the Commission includes a meeting of a committee of the Commission of which the Commissioner is a member, and

(b) permission of the Commission includes permission of the committee where the committee meeting consists of three or more Commissioners.

(4) A Commissioner’s appointment may be terminated with immediate effect by a majority vote of heritors attending a meeting convened under section 7(1)(c)(v) who own land within the section of the benefited land to which the appointment relates.

(5) The Commission must, by giving notice to the Commissioner, terminate a Commissioner’s appointment if the Commissioner or, where the Commissioner is a heritor’s representative, the heritor the Commissioner represents, has ceased to be a heritor.