SCHEDULE 4F1The Police Investigations and Review Commissioner

Annotations:
Amendments (Textual)
F1

Sch. 4 heading substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(16); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Limitations on appointment

2

1

A person is disqualified for appointment to the office of Commissioner if the person—

a

is or has been a member of—

i

the House of Lords;

ii

the House of Commons;

iii

the Scottish Parliament;

iv

the European Parliament; or

v

a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

b

is or has been a constable of F2the Police Service (or of a police force previously maintained under the Police (Scotland) Act 1967 (c.77));

c

is or has been a member of—

i

a police force maintained under section 2 of the Police Act 1996 (c. 16);

ii

the metropolitan police force or of the City of London police force;

iii

the Police Service of Northern Ireland;

iv

the Ministry of Defence Police appointed on the nomination of the Secretary of State under section 1 of the Ministry of Defence Police Act 1987 (c. 4);

v

the British Transport Police Force;

vi

the Civil Nuclear Constabulary;

vii

the States of Jersey Police Force;

viii

the salaried police force of the Island of Guernsey; or

ix

the Isle of Man Constabulary;

d

is or has been—

i

a special constable appointed under section 27 of the Police Act 1996 (c. 16);

ii

a member of the Police Service of Northern Ireland Reserve;

iii

a member of the Ministry of Defence Police by virtue of section 1(1)(b) of the Ministry of Defence Police Act 1987 (c. 4);

iv

a special constable of the British Transport Police Force; or

v

a member of any force of special constables established for the States of Jersey, the Island of Guernsey or the Isle of Man;

F3da

is or has been a member of the Authority;

e

is or has been a member of staff of the Authority F4or has been a member of staff of the body which was known as the Scottish Police Services Authority;

F6f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

g

is or has been F5employed as a member of police staff or as a member of the Authority's staff or has been employed, by virtue of section 9 of the 1967 Act (employees other than constables) by a police authority or a joint police board;

h

has been a member of—

i

the National Criminal Intelligence Service or;

ii

the National Crime Squad; F8...

i

F9... has been a member of the Serious Organised Crime Agency F10or

F7j

is or has been a National Crime Agency officer.

2

The disqualification under sub-paragraph (1)(a) does not extend to any membership ending more than 3 years before the person is appointed to the office of Commissioner.

3

A person who has previously been appointed to the office of Commissioner is not eligible to be appointed again, except in accordance with sub-paragraph (4).

4

A person holding office as Commissioner may be reappointed on the expiry of the person's period of appointment, but only if—

a

the person has not previously been reappointed to the office; and

b

the Scottish Ministers consider that, by reason of special circumstances, it is desirable in the public interest.