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Scottish Parliamentary Standards Commissioner Act 2002

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This is the original version (as it was originally enacted).

1Appointment of the Scottish Parliamentary Standards Commissioner

This section has no associated Explanatory Notes

(1)There shall be a Scottish Parliamentary Standards Commissioner (in this Act referred to as “the Commissioner”).

(2)The Commissioner shall be appointed by the Parliamentary corporation with the agreement of the Parliament.

(3)A person shall not be eligible to be appointed as the Commissioner if that person—

(a)is a member of the Parliament or of the staff of the Parliament; or

(b)has been such a member at any time during the period of 2 years prior to the date when the appointment is to take effect.

(4)The Commissioner shall be appointed for such period, not exceeding 5 years, as the Parliamentary corporation may determine.

(5)A person who has been appointed for one period as the Commissioner may be appointed for a second period (whether or not consecutive) but not for any additional period.

(6)A person who has been appointed as the Commissioner may at any time—

(a)resign by notice given to the Parliamentary corporation; or

(b)be removed from office by the Parliamentary corporation.

(7)The Parliamentary corporation shall not remove a person as the Commissioner unless—

(a)the Parliament so resolves; and

(b)if the resolution is passed on a division, the number of votes cast in favour of it is not less than two thirds of the total number of votes cast in the division.

(8)The schedule makes further provision about the Commissioner.

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