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UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021

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This is the original version (as it was originally enacted).

Early termination of membership

This section has no associated Explanatory Notes

5(1)A person’s membership of Environmental Standards Scotland ends if—

(a)the person gives notice in writing to the Scottish Ministers and the Presiding Officer of the Scottish Parliament that the person resigns,

(b)the person becomes disqualified from being a member,

(c)the Scottish Ministers give the person notice in writing that the person is removed from being a member.

(2)The Scottish Ministers may remove a member under sub-paragraph (1)(c) only if—

(a)the member has been absent, without permission or reasonable excuse, from meetings of Environmental Standards Scotland for a period of longer than 3 consecutive months,

(b)the member has been convicted of a criminal offence, or

(c)the Scottish Ministers consider that the member is—

(i)unable to perform the member’s functions, or

(ii)unsuitable to continue as a member.

(3)Where they propose to give a person, other than the person who is the member appointed to chair Environmental Standards Scotland, notice under sub-paragraph (1)(c) that the person is to be removed from being a member, the Scottish Ministers must consult the member appointed to chair Environmental Standards Scotland.

(4)The Scottish Ministers may remove a member under sub-paragraph (1)(c) only with the approval of the Scottish Parliament.

(5)For the purpose of sub-paragraph (1)(b), a person becomes disqualified from being a member if paragraph 3(2) or (3) applies to the person.

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