Commentary on Sections Section 3: Removal
17.Subsection (1) sets out the grounds on which the Commissioner may be removed from office by Her Majesty. The Commissioner may resign or may be removed following a resolution of the Parliament. Subsection (1)(a) permits the Commissioner to resign from office. Subsection (1)(b) enables the Parliament to pass a resolution for the removal of the Commissioner. Such a resolution could be passed on the grounds that the Commissioner had breached the terms of appointment or that the Parliament had lost confidence in the Commissioner’s willingness, ability or suitability to carry out the functions of Commissioner. A resolution for removal by the Parliament would require the support of two-thirds of the total votes cast by those voting where the number of MSPs voting includes any voting to abstain.