SCHEDULE 4The Police Complaints Commissioner for Scotland

6Vacancy in office of Commissioner

1

The Scottish Ministers may appoint a person (who may be a member of the Commissioner’s staff) to carry out the functions of the Commissioner during a period in which the office is vacant (an “acting Commissioner”).

2

A person who is disqualified for appointment to the office of Commissioner is also disqualified for appointment as an acting Commissioner.

3

A person appointed to be acting Commissioner—

a

may, by written notice to the Scottish Ministers, resign at any time;

b

may be dismissed by the Scottish Ministers at any time;

c

in other respects, holds appointment on such terms and conditions as the Scottish Ministers may determine.

4

While holding appointment as acting Commissioner, a person is to be treated as the Commissioner for all purposes other than those of paragraphs 3, 4 and 5.