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Tied Pubs (Scotland) Act 2021

Defect in appointment

103.Paragraph 22(1) states that if there has been a defect in the appointment of the adjudicator, that does not invalidate anything they have done in their role. However, under sub-paragraph (2), once Ministers are aware of a defect in the appointment, they must remove the adjudicator from office as soon as possible. An individual removed in this way may be immediately reappointed, provided the Parliament agrees to that, and the reappointment is to be considered as a continuation of the original appointment (see sub-paragraphs (3) to (5)). This ensures that a defect in an individual’s appointment and its subsequent correction does not affect the number of times the individual may be appointed or the total duration the individual may serve.

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