SCHEDULE 4F2The Police Investigations and Review Commissioner
Tenure and removal from office
3
1
Subject to this paragraph and paragraph 4, a person holds office as Commissioner on such terms and conditions as the Scottish Ministers may determine.
2
The period of a person's appointment as Commissioner is—
a
in the case of a first appointment, F35 years; and
b
in the case of a reappointment, F43 years.
3
A person holding office as Commissioner may, by written notice to the Scottish Ministers, resign at any time.
4
The Scottish Ministers may remove a person from the office of Commissioner if satisfied that any of the grounds mentioned in sub-paragraph (5) is the case.
5
Those grounds are—
a
the person has failed without reasonable excuse to carry out the functions of the office for a continuous period of 3 months;
b
the person falls within one or more of the sub-sub-paragraphs of paragraph 2(1);
c
the person has, since appointment, been convicted of a criminal offence;
d
the person's estate has been sequestrated or the person has been adjudged bankrupt, has made an arrangement with creditors or has granted a trust deed for creditors or a composition contract;
e
the person is subject to a disqualification order under the Company Directors Disqualification Act 1986 (c. 46) or under F1the Company Directors Disqualification (Northern Ireland) Order 2002;
f
the person has acted improperly in relation to the person's duties;
g
the person is otherwise unable or unfit to perform the person's duties.
Sch. 4 heading substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(16); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)