Search Legislation

Convention Rights (Compliance) (Scotland) Act 2001

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 5

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Convention Rights (Compliance) (Scotland) Act 2001, Section 5. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

5 Appointment and removal of Parole Board membersS

This section has no associated Explanatory Notes

(1)In section 20 (the Parole Board for Scotland) of the 1993 Act—

(a)in subsection (1) the words “this Part of” are repealed;

(b)in subsection (4), after paragraph (b) there is inserted—

(ba)enabling the Board to require any person, other than a prisoner whose case the Board is considering, to attend a hearing before it to give evidence or to produce documents;

;and

(c)after subsection (4) there is inserted—

(4A)In making provision such as is mentioned in subsection (4)(ba) above, the Scottish Ministers may apply subsections (4) and (5) of section 210 of the Local Government (Scotland) Act 1973 (c.65) with such modifications as may be set out in the rules but subject to the limitation that any penalty under subsection (5) of section 210 as so applied shall be restricted to a fine which shall not exceed level 2 on the standard scale..

(2)After paragraph 1 of Schedule 2 to that Act, there is inserted—

1AIn making those appointments, the Scottish Ministers shall comply with such requirements as to procedure and consultation as may be prescribed in regulations made by them.

1BIn making regulations under paragraph 1A above, the Scottish Ministers may make different provision for different kinds of members of the Board, including the kinds of members having the respective qualifications for office specified in paragraph 2 below..

(3)After paragraph 2 of that Schedule, there is inserted—

Limitation, termination etc. of appointment of members

2AAn appointment as a member of the Parole Board shall, subject to paragraphs 2B to 2D below, last for such period, being not shorter than six years nor longer than seven years, as is specified in the instrument of appointment.

2BA member of the Parole Board may resign at any time by giving notice to that effect to the Scottish Ministers.

2CAn appointment of a person as a member of the Parole Board shall not extend beyond the day when the person reaches the age of 75.

2DThe appointment of a member of the Parole Board shall come to an end upon the member’s being removed from office under paragraph 3 below.

2EA person may be reappointed to be a member of the Parole Board but only if—

(a)three years or more have passed since the person ceased to be a member of the Parole Board; and

(b)the person has not previously been reappointed under this paragraph.

2FA person whose membership of the Parole Board came to an end by resignation under paragraph 2B above may be reappointed under paragraph 2E above.

2GA person whose membership of the Parole Board came to an end on removal from office under paragraph 3 below shall not be reappointed.

2HThe provisions of paragraphs 1 to 2D above apply to a reappointment under paragraph 2E above as they apply to an appointment.

Performance of duties

2JThe Chairman of the Parole Board shall have regard to the desirability of securing that every member of the Parole Board is given the opportunity of participating appropriately in the functions of the Board under this Act on not fewer than 20 days in each successive period of 12 months beginning with the day of the member’s appointment as such..

(4)For paragraph 3 of that Schedule, there is substituted—

Removal of members from office

3A member of the Parole Board may be removed from office by and only by order of the tribunal constituted by and under paragraph 3B below (“the tribunal”).

3AThe tribunal may order the removal from office of a member only if, after investigation carried out at the request of the Scottish Ministers, it finds that the member is unfit for office by reason of inability, neglect of duty or misbehaviour.

3BThe tribunal shall consist of the following three members, who shall be appointed by the Lord President of the Court of Session—

(a)either a Senator of the College of Justice or a sheriff principal (who shall preside);

(b)a person who is, and has been for at least ten years, legally qualified; and

(c)one other person who shall not be legally qualified.

3CFor the purposes of paragraph 3B above, a person is legally qualified if that person is an advocate or a solicitor.

3DRegulations, made by the Scottish Ministers—

(a)may make provision enabling the tribunal, at any time during an investigation, to suspend a member from office and providing as to the effect and duration of such suspension; and

(b)shall make such further provision as respects the tribunal as the Scottish Ministers consider necessary or expedient, including provision for the procedure to be followed by and before it..

(5)After paragraph 6 of that Schedule there is inserted—

Regulations

6ARegulations under paragraphs 1A and 3D above shall be made by statutory instrument.

6BNo such regulations shall be made unless laid in draft before, and approved by resolution of, the Scottish Parliament..

(6)Part 6 of the schedule to this Act has effect for the purpose of making transitional provision in connection with this section.

Commencement Information

I1S. 5 wholly in force at 8.10.2001; s. 5 not in force at Royal Assent see s. 15(2); s. 5(1)(2)(5) in force for all purposes and s. 5(4) in force for specified purposes at 27.7.2001 and s. 5 in force at 8.10.2001 insofar as not already in force by S.S.I. 2001/274, art. 3(1)(e)(f)(3)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources