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Judiciary and Courts (Scotland) Act 2008

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This is the original version (as it was originally enacted).

Chairing Member: resignation, removal, vacancy etc.

This section has no associated Explanatory Notes

10(1)The Chairing Member may resign office as such by giving notice in writing to the Scottish Ministers.

(2)The Scottish Ministers may, by notice in writing, remove the Chairing Member from office if, after consulting the Lord President, they are satisfied that the member—

(a)has failed without reasonable excuse to discharge the functions of the Chairing Member for a continuous period of 6 months, or

(b)is otherwise unfit to be the Chairing Member or unable for any reason to carry out the functions of the Chairing Member.

(3)During any period when there is a vacancy in the office of the Chairing Member, the functions of the Chairing Member may be carried out by another lay member nominated by the Board.

(4)During any period when the Chairing Member is for any reason unable to act, the functions of the Chairing Member may be carried out by another lay member nominated—

(a)by the Chairing Member, or

(b)if the Chairing Member is unable to make such a nomination, by the Board.

(5)Sub-paragraphs (1), (2) and (4) apply to a member carrying out functions by virtue of sub-paragraph (3) or (4) as they apply to the Chairing Member.

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