Scottish Parliamentary Commissions and Commissioners etc. Act 2010

Commissioner for Public Appointments in Scotland

9(1)The person who, immediately before this schedule comes into force, holds office as the Commissioner for Public Appointments in Scotland is, by operation of this sub-paragraph (and not section 1), appointed as the Public Appointments Commissioner for Scotland on the coming into force of this schedule.

(2)An appointment under sub-paragraph (1) is for a period equal to that for which the person was appointed or (in the case of an appointment for a second or third period) last appointed, as the Commissioner reduced by the time for which the person held that office or (in the case of a second or third appointment) the time for which that person held that office under that second or, as the case may be, third appointment.

(3)But—

(a)sub-paragraph (1) does not operate so as to appoint a person as Public Appointments Commissioner for Scotland if that person’s previous term of office exceeds eight years, and

(b)where an appointment under that sub-paragraph would, but for this provision, be for a period which, combined with that person’s previous term of office, would exceed eight years, that appointment is to be for a period which, when so combined, is eight years.

(4)In sub-paragraph (3), a person’s “previous term of office” is the period for which the person held office as Commissioner for Public Appointments in Scotland or, where the person was appointed for a second or third period, the aggregate of the periods for which the person held that office.

(5)Despite section 2 and the repeal of paragraph 4 of schedule 1 to the Public Appointments Act, a person may, after the coming into force of this schedule, be appointed under that paragraph as the Public Appointments Commissioner for Scotland for a further period.

(6)An appointment by virtue of sub-paragraph (5) has effect as if made before the coming into force of this schedule; and the period for which the person is appointed, so far as extending beyond then, has effect only for the purposes of sub-paragraph (2).

(7)Where the person referred to in sub-paragraph (1) also held office as Commissioner for Public Appointments in Scotland on 30 April 2010, the appointment of that person under that sub-paragraph is for the period ending with 31 May 2012.