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Education (Scotland) Act 2025

Early termination of membership

165.Paragraph 5 sets out the circumstances in which a person’s appointment as a member will terminate prior to the person’s period of appointment coming to an end. Again, this provision therefore applies to all members other than the chief executive and co-opted members (who are excluded by paragraph 7(11)). The circumstances which end the appointment are where the person gives written notice of their resignation, where the person becomes disqualified from being appointed as a member (see paragraph 3(7) and (8)), or where the person is removed as a member by the Scottish Ministers because:

  • the person is apparently insolvent,

  • the person has been absent without reasonable excuse from meetings for a period of longer than 6 months,

  • the person was appointed to satisfy paragraph 3(2)(b)(i) or (ii) (see paragraph 160 of these Notes), and they have ceased to be a person mentioned in that paragraph (i.e. they have ceased to be a registered teacher or member of college teaching staff providing relevant teaching or training), or

  • in the opinion of the Scottish Ministers, the person is unable or unsuitable to continue as a member.

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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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