Early termination of membership
8
1
A member of 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 Crown Estate Scotland if—
a
the member becomes insolvent;
b
the member has been absent, without the permission of Crown Estate Scotland, from meetings of 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 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 ;
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 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.
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).
Art. 8 in force at 16.2.2017, see art. 1(1)
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
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