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10(1)This paragraph applies during any period when—
(a)the office of Commissioner is vacant, or
(b)the individual holding the office is for any reason unable to perform the Commissioner’s functions.
(2)The Parliamentary corporation may appoint an individual to act as the Commissioner during that period.
(3)An individual is eligible for appointment under sub-paragraph (2) only if the individual—
(a)is a member of the Commissioner’s staff, or
(b)is not disqualified from holding the office of Commissioner under paragraph 3.
(4)An individual appointed under sub-paragraph (2)—
(a)is appointed on such terms and conditions, and for such period, as the Parliamentary corporation determines,
(b)while acting as Commissioner is to be treated as the Commissioner for all purposes except those of paragraphs 4, 5 and 7(3).
(5)An appointment under sub-paragraph (2) ends if—
(a)the individual is relieved of office by the Parliamentary corporation at the individual’s request, or
(b)the individual is removed from office by the Parliamentary corporation by notice in writing.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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