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Scottish Parliamentary Commissions and Commissioners etc. Act 2010

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This is the original version (as it was originally enacted).

8Disqualification

This section has no associated Explanatory Notes

(1)A person is disqualified from appointment and from holding office as a Commissioner if the person—

(a)is a member of the Parliament or its staff,

(b)was a member of the Parliament at any time within two years before the date when the appointment might otherwise have been made,

(c)is disqualified from being a member of the Parliament,

(d)is a member of the House of Commons,

(e)is a member of the House of Lords entitled to vote there,

(f)is employed, or appointed in any other capacity, by the Commission,

(g)is a member, employee or appointee of—

(i)the Standards Commission for Scotland,

(ii)a specified authority, or

(iii)a devolved public body,

(h)is a specified authority (where the authority is an individual),

(i)is, or is an employee or appointee of, the Scottish Public Services Ombudsman,

(j)is a member of a council or any committee of a council,

(k)is disqualified from being a member of a council, or

(l)is a member of a joint board or joint committee.

(2)In this section—

(a)the following expressions have the following meanings—

  • “specified authority” means any of the specified authorities referred to in section 2(1) of the Public Appointments Act,

  • “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

  • “joint board” and “joint committee” have, respectively, the meanings given by section 235(1) of the Local Government (Scotland) Act 1973 (c. 65),

  • “devolved public body” has the meaning given by section 28(1) of the Ethical Standards Act,

(b)the reference to a member of a specified authority includes a reference to—

(i)a member, by co-option, of any committee of a specified authority,

(ii)a holder of a paid office appointed by a specified authority, and

(c)a paid office is one where the holder is entitled to remuneration, allowances or expenses or any combination of them.

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