PRISONS Citation and commencement 1 These Regulations may be cited as the Members of the Parole Board (Removal Tribunal) Regulations 2003 and shall come into force on the day after the day on which they are made. Interpretation 2 In these Regulations– “the Act” means the Prisoners and Criminal Proceedings (Scotland) Act 1993; “ the Board ” means the Parole Board for Scotland; “Board member” means the member of the Parole Board for Scotland who is the subject of the investigation; “investigation” means an investigation carried out under paragraph 3A of Schedule 2 to the Act ; “tribunal” means the tribunal constituted by and under paragraph 3B of Schedule 2 to the Act ; “tribunal member” means a member of the tribunal. Commencement of investigation 3 Prior to an investigation by the tribunal commencing, the Scottish Ministers shall give the Board member written notice of the investigation and of their reasons for requesting the investigation. Payment to tribunal members 4 The Scottish Ministers may pay to a tribunal member such sums as they consider appropriate in respect of the performance of that person’s duties as a tribunal member. Change in membership of tribunal 5 1 This regulation shall apply where, after commencement of an investigation, any tribunal member– a dies; b resigns; or c is, in the opinion of the Lord President, unable to act. 2 Subject to paragraph (3), the Lord President shall appoint a new tribunal member to replace the tribunal member referred to in paragraph (1). 3 Where the tribunal member referred to in paragraph (1) is not the person presiding over the tribunal, a new tribunal member need not be appointed under paragraph (2) unless the Board member so wishes. 4 On a new tribunal member being appointed under paragraph (2), the tribunal may (but need not) commence the investigation again. Procedure – general 6 Other than as specified in these Regulations, the procedure to be followed by and before the tribunal shall be that determined by the tribunal. Procedure – further provisions 7 1 The tribunal may receive oral or written evidence from such persons as it thinks fit. 2 The tribunal shall give the Board member the opportunity to make written and, if the Board member wishes, oral representations regarding the matters which are the subject of the investigation. 3 Representations under paragraph (2) may be made by the Board member personally or by anyone acting on his or her behalf. 4 The tribunal shall sit in private and no tribunal member shall disclose information received in the course of an investigation other than for the purposes of carrying out the functions conferred on the tribunal by the Act and these Regulations. Suspension 8 1 At any time during an investigation, the tribunal may suspend the Board member from office. 2 A suspension imposed under paragraph (1) shall terminate– a on the tribunal deciding not to order removal of the Board member from office; or b before then, on the tribunal deciding to bring the suspension to an end. 3 If the tribunal so directs, a Board member suspended under this regulation may remain in office as a member of the Board but only for the purpose of continuing to deal with proceedings of the Board commenced prior to the suspension taking effect. Draft findings to be sent to Board member 9 1 The tribunal shall send to the Board member a draft of its findings on the investigation and shall give the Board member an opportunity to make comments on the draft by such date as the tribunal may specify. 2 The tribunal shall have regard to any comments made under paragraph (1) but need not give the Board member an opportunity to comment on any alterations made to the draft prior to submission of the final report under regulation 10. Report and decisions 10 1 On completion of its investigation, the tribunal shall submit a written report to the Scottish Ministers specifying– a its findings on the investigation; b its decision on whether to order removal of the Board member from office; and c where appropriate, the date of removal from office. 2 At the same time as submitting its report under paragraph (1), the tribunal shall send a copy of it to the Board member. JAMES WALLACE A member of the Scottish Executive St Andrew’s House, Edinburgh 7th March 2003