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Management of Offenders (Scotland) Act 2019

Section 44 – Further appointment to membership

166.Section 44 amends paragraph 2 of schedule 2 of the 1993 Act in relation to the appointment of Parole Board members. Section 44 provides that a person, who has been a member of the Parole Board, is eligible for appointment on a subsequent occasion. It also provides for a new automatic reappointment procedure for Parole Board members.

167.Subsection (2) of section 44 inserts a new paragraph 2DA into schedule 2 of the 1993 Act to permit a person who has been a member of the Parole Board to be eligible for appointment on a subsequent occasion. New paragraph 2DA(2) of schedule 2 provides exceptions to this, namely where a person has: (a) reached the age of 75; or (b) has been removed from office by virtue of a tribunal constituted under paragraph 3 of schedule 2 of the 1993 Act.

168.Subsection (3) of section 44 makes consequential repeals of current provisions concerning membership of the Parole Board, contained in paragraphs 2E to 2H of schedule 2 of the 1993 Act.

Automatic reappointment

169.Subsection (4) of section 44 inserts new paragraphs 2HA and 2HB into schedule 2 of the 1993 Act to make provision for a new automatic reappointment procedure for Parole Board members. New paragraph 2HA(1) provides that a member of the Parole Board is to be reappointed to membership of the Parole Board unless the circumstances in paragraph 2HA(2) or (3) apply. Sub-paragraph (2) provides that automatic reappointment does not apply where the Parole Board member declines reappointment. Sub-paragraph (3) provides that automatic reappointment does not apply where the Scottish Minsters accept the recommendation of the chairperson of the Parole Board that it should not occur. Sub-paragraph (4) provides the grounds for the chairperson of the Parole Board to make such a recommendation; namely that: (a) the person has failed to comply with any of their terms and conditions of appointment; or (b) the Parole Board no longer requires the same number of members to carry out its functions. Sub-paragraphs (3) and (4) do not apply to the reappointment of the chairperson of the Parole Board.

170.Subsection (5) of section 44 provides that the instrument of appointment may be annotated and reissued to allow it to show that a member has been reappointed.

171.New paragraph 2HB of schedule 2 of the 1993 Act provides that the period of appointment, referenced in paragraph 2H(1), includes each period of reappointment. It also provides that the provisions concerning appointment of Parole Board members apply to periods of reappointment of Parole Board members and that reappointment is for a period of five years each time.

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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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