SCHEDULE 1Redress Scotland

5Early termination of membership

1

A member of Redress Scotland, including the chairing member, may resign by giving notice in writing to the Scottish Ministers.

2

A person’s appointment as a member of Redress Scotland ceases if, during the person’s period of appointment, either paragraph (a) or paragraph (b) of paragraph 4 applies to the person.

3

The Scottish Ministers may, by giving notice in writing, remove a member of Redress Scotland if the member—

a

becomes insolvent,

b

has been absent from 3 consecutive meetings of Redress Scotland without—

i

the permission of the Scottish Ministers, or

ii

reasonable excuse,

c

is, in the opinion of the Scottish Ministers—

i

unable or unfit to perform any of the functions of a member,

ii

unsuitable to continue as a member.

4

For the purpose of sub-paragraph (3)(a), a person becomes insolvent if—

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

the person is adjudged bankrupt,

d

a voluntary arrangement proposed by the person is approved,

e

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

f

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

5

The Scottish Ministers may suspend a member of Redress Scotland if they consider that there is a need to investigate whether there are grounds for a member to be removed under sub-paragraph (3).

6

The suspension of a member under sub-paragraph (5) continues until the Scottish Ministers—

a

remove the member under sub-paragraph (3), or

b

notify the member and Redress Scotland that their decision is not to remove the member under sub-paragraph (3).