Part 1The Commission for Ethical Standards in Public Life in Scotland: the Public Standards Commissioner for Scotland and the Public Appointments Commissioner for Scotland

Office of Commissioner

8Disqualification

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.