SCHEDULES
C1 SCHEDULE 2 The Parole Board
F1F2Automatic reappointment
Sch. 2 paras. 2A-2J inserted (8.10.2001) by 2001 asp 7, s. 5(3) (with Sch. paras. 79-83); S.S.I. 2001/274, art. 3(3)
Sch. 2 paras. 2HA, 2HB and cross-heading inserted (31.12.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 44(4), 63(2); S.S.I. 2019/417, reg. 3 (with reg. 3)
2HA
1
A member of the Parole Board is to be reappointed to the membership on the expiry of the period of the member's appointment, unless—
a
in any case, sub-paragraph (2) applies, or
b
where the member is not the chairperson, sub-paragraph (3) applies.
2
This sub-paragraph applies if the member has declined to be reappointed.
3
This sub-paragraph applies if the Scottish Ministers have accepted a recommendation made to them by the chairperson that the other member should not be reappointed.
4
A recommendation of that kind may be made to the Scottish Ministers only if the chairperson is satisfied that—
a
the other member has failed to comply with any of the terms and conditions of membership by which the member is bound, or
b
the number of members required for the Board to carry out its functions is such that the services of the other member are no longer needed.
5
The instrument of appointment of the member may be annotated or reissued so as to show that the member is reappointed under sub-paragraph (1).
2HB
1
Sub-paragraphs (2) and (3) apply in connection with paragraph 2HA(1).
2
The reference in paragraph 2HA(1) to the period of the appointment includes each period of reappointment under that paragraph.
3
In addition—
a
the provisions of paragraphs 1 to 2D apply in relation to reappointment under paragraph 2HA(1) as well as applying otherwise, and
b
the references in paragraphs 1 to 2D to appointment are so far as necessary for this purpose to be read as including reappointment,
which in particular means that reappointment is for 5 years at a time.
Ss. 1, 1A, 2(4), 3A, 5, 6(1)(a)(b)(i)(iii), 7, 9, 16, 20, 21, 26A, 27, Schs. 2, 6 extended (30.9.1998) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 10(2)(a)(5)(a)(6)(7), 11(2)(a)(4)(a)(6) (subject to art. 5) (as amended (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 paras. 135(5)(a)(d)(f)(6)(a)(b); S.I. 1998/2327, art. 2(1)(y)(2)(oo) (subject to arts. 5-8))
Ss. 1-3, 5, 6(1)(a)(b)(i)(iii), 9, 11-13, 15-21, 27, Schs. 2, 6 extended (1.10.1997) by 1997 c. 43, 56(1), Sch. 1 paras. 10(2)(5), 11(2)(4), Sch. 5 paras. 11(1)(3), 12(1); S.I. 1997/2200, art. 2(1)(n) (subject to art. 5 of the said S.I.) (which amendment fell (30.9.1998) by reason of the repeal of Sch. 5 paras. 11(1), 12(1) by 1998 c. 37, s. 120(2), Sch. 10; S.I. 1998/2327, art. 2(1)(aa)(3)(x) (subject to arts. 5-8 of the said S.I.)