Crown Estate Scotland Order 2017

Early termination of membership S

8.—(1) A member of [F1 Crown Estate Scotland] may resign by giving notice in writing to the Scottish Ministers.

(2) The Scottish Ministers may, by giving notice to the member in writing, remove a member of [F1 Crown Estate Scotland] if—

(a) the member becomes insolvent;

(b) the member has been absent, without the permission of [F1 Crown Estate Scotland], from meetings of [F1 Crown Estate Scotland] for a period of longer than 3 consecutive months;

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

(i) unable to perform the functions of a member; or

(ii) unsuitable to continue as a member.

(3) For the purposes of paragraph (2)(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 [F2 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(1);

(f) the person is subject to any other kind of order or arrangement that is analogous to any of those described in sub-paragraphs (a) to (e) anywhere in the world.

(4) A person’s membership of [F1 Crown Estate Scotland] ends if the person becomes—

(a) a member of the Scottish Parliament;

(b) a member of the House of Commons;

(c) a member of the House of Lords;

(d) a member of the European Parliament.

Textual Amendments

F1 Words in arts. 3-19 substituted (1.4.2020) by Scottish Crown Estate Act 2019 (asp 1), s. 46(2), sch. 1 para. 11(1)(b); S.S.I. 2020/77, reg. 2(1), sch. 1

F2 Words in art. 8(3)(b) substituted (1.4.2020) by Scottish Crown Estate Act 2019 (asp 1), s. 46(2), sch. 2 para. 2(2); S.S.I. 2020/77, reg. 2(1), sch. 1

Commencement Information

I1 Art. 8 in force at 16.2.2017, see art. 1(1)

(1)

2002 asp 17; section 2 was amended by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), Part 13, section 211(2)(a) and (b) and section 212(2).