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Scottish Public Services Ombudsman Act 2002

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This is the original version (as it was originally enacted).

Disqualification

This section has no associated Explanatory Notes

1(1)A person is disqualified from appointment, and from holding office, as Ombudsman or deputy Ombudsman if that person is—

(a)a member of the House of Commons,

(b)a member of the Scottish Parliament,

(c)a listed authority (within the meaning of section 3(1)),

(d)a member, officer or member of staff of a listed authority,

(e)disqualified from election as a member of the Scottish Parliament or as a member of a local authority.

(2)A person holding office as Ombudsman or deputy Ombudsman—

(a)is disqualified from appointment or, as the case may be, election as—

(i)the holder of any office which is a listed authority, or

(ii)a member, officer or member of staff of a listed authority,

(b)is not entitled to become a family health service provider or an independent provider (within the meaning of paragraph 5 or, as the case may be, 6 of schedule 2), and

(c)is disqualified from appointment to any paid office by a listed authority.

(3)A person who has ceased to hold office as Ombudsman or deputy Ombudsman is, during the period of 3 years beginning with the date on which that person ceased to hold that office, disqualified—

(a)from appointment or, as the case may be, election as—

(i)the holder of any office which is a listed authority,

(ii)a member, officer or member of staff of a listed authority, and

(b)from appointment to any paid office by a listed authority.

(4)Sub-paragraph (3)(a)(ii) does not disqualify any person who has ceased to hold office as Ombudsman or deputy Ombudsman from election as a member of any local authority.

(5)In this paragraph, references to a member of a listed authority include any member by co-option of any committee of a listed authority.

(6)For the purposes of sub-paragraphs (2)(c) and (3)(b) an office is a paid office where the holder of the office is entitled to remuneration or expenses.

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