The Scottish Parliament (Disqualification) Order 2003

PART IOFFICE-HOLDERS DISQUALIFIED FROM BEING A MEMBER OF THE SCOTTISH PARLIAMENT

• Any member of the Advisory Committee on Hazardous Substances established under section 140(5) of the Environmental Protection Act 1990(1)

• Any member of the Accounts Commission for Scotland

• Any member of an Agricultural Marketing Board appointed under section 3 of the Agricultural Marketing Act (Northern Ireland) 1964(2) or Schedule 2 to the Agricultural Marketing (Northern Ireland) Order 1982(3)

• Any member appointed by a Minister of the Crown of the Agricultural Wages Board for England and Wales

• Any member appointed by the Scottish Ministers of the Scottish Agricultural Wages Board

• Any member appointed by the Head of the Department of Agriculture for Northern Ireland of the Agricultural Wages Board for Northern Ireland

• Any member of the Aircraft and Shipbuilding Industries Arbitration Tribunal

• Any member of the Antarctic Act Tribunal established under regulations made under the Antarctic Act 1994(4)

• Any member of an Arbitration Tribunal established under Schedule 3 to the Industry Act 1975(5)

• Any member of the Audit Commission for Local Authorities and the National Health Service in England and Wales in receipt of remuneration

• Any member of Audit Scotland and any member of the staff of Audit Scotland

• Any member of the Beef Assurance Scheme Membership Panel

• Any member of the Boundary Commission for Scotland or any assistant Commissioner of that Commission appointed under Schedule 1 to the Parliamentary Constituencies Act 1986(6)

• Any member of the British Board of Agrément

• Any member of the British Coal Corporation

• Any member of the British Railways Board

• Any member of British Shipbuilders

• Any member, in receipt of remuneration, of the British Tourist Authority or the Scottish Tourist Board

• Any member of the British Waterways Board

• Any member of the Broadcasting Standards Commission

• Any member of the Central Arbitration Committee

• Any member of the Channel Four Television Corporation

• Any member of the Civil Aviation Authority

• Any member of the Civil Service Arbitration Tribunal

• Any member of the Coal Authority

• Any member of Comataidh Craolaidh Gaidhlig

• Any member of the Commission for Local Administration in England

• Any member of the Commission for Local Administration in Wales

• Any member of the Commission for Racial Equality

• Any member of the Competition Commission

• Any member of the Consumer Council for Postal Services

• Any member of the Copyright Tribunal

• Any member of the Council of the Advisory, Conciliation and Arbitration Service

• Any member of the Council on Tribunals

• Any member of the Criminal Cases Review Commission

• Any member of the Criminal Injuries Compensation Board

• Any member of the Crown Estate Commissioners

• Any member of a Dairy Produce Quota Tribunal constituted under the Dairy Produce Quotas Regulations 1984(7)

• Any member of a Development Council established under the Industrial Organisation and Development Act 1947(8)

• Any member of the Disability Living Allowance Advisory Board

• Any member of the Disability Living Allowance Advisory Board for Northern Ireland

• Any member of the Disability Rights Commission

• Any member of the Electoral Commission

• Any member of the staff of the Electoral Commission

• Any member of the Employment Appeal Tribunal

• Any member of the Environment Agency

• Any member of the Equality Commission for Northern Ireland

• Any member of the Equal Opportunities Commission

• Any member of the Fair Employment Tribunal for Northern Ireland

• Any member of the Foreign Compensation Commission

• Any member of the Gaming Board for Great Britain

• Any member of the Health and Safety Executive

• Any member of Highlands and Islands Enterprise

• Any member of the Human Fertilisation and Embryology Authority

• Any member of the Immigration Appeal Tribunal

• Any member of the Independent Broadcasting Authority

• Any member of the Independent Police Complaints Commission

• Any member of the Independent Television Commission

• Any member of an Industrial Court established in Northern Ireland

• Any member of the Industrial Injuries Advisory Council

• Any member of the Information Tribunal

• Any member of Invest Northern Ireland

• Any member of a Joint Planning Inquiry Commission constituted under Part III of, and Schedule 7 to, the Town and Country Planning (Scotland) Act 1997(9)

• Any member of the Lands Tribunal

• Any member of the Lands Tribunal for Northern Ireland

• Any member of the Lands Tribunal for Scotland

• Any member of the Local Government Boundary Commission for Scotland

• Any member of the Low Pay Commission appointed under section 8(9) of the National Minimum Wage Act 1998(10)

• Any member of the Meat and Livestock Commission

• Any member of a Meat Hygiene Appeals Tribunal constituted under the Fresh Meat (Hygiene and Inspection) Regulations 1995(11), the Poultry Meat, Farmed Game Birds Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995(12), and the Wild Game Meat (Hygiene and Inspection) Regulations 1995(13)

• Any member of a Medical Appeal Tribunal for Northern Ireland appointed under section 48(2) of the Social Security Administration (Northern Ireland) Act 1992(14)

• Any member of a Medical Practices Committee constituted under section 7 of the National Health Service Act 1977(15) or section 3 of the National Health Service (Scotland) Act 1978(16)

• Any member of the Medicines Commission and of any committee established under section 4 of the Medicines Act 1968(17)

• Any member of a Mental Health Review Tribunal constituted or having effect as if constituted under the Mental Health Act 1983(18)

• Any member of the Mental Health Review Tribunal for Northern Ireland

• Any member of the Mental Welfare Commission for Scotland

• Any member of the Monetary Policy Committee of the Bank of England appointed under section 13(2)(b) or (c) of the Bank of England Act 1998(19)

• Any member of the staff of the National Audit Office

• Any member of a National Broadcasting Council

• Any member of the National Lottery Commission

• Any member of the National Radiological Protection Board

• Any member of the staff of the Northern Ireland Audit Office

• Any member of the Northern Ireland Economic Council

• Any member of the Northern Ireland Housing Executive

• Any member of the Occupational Pensions Regulatory Authority

• Any member of the Office of Communications

• Any member of the Oil and Pipelines Agency

• Any member of the Parades Commission for Northern Ireland

• Any member of the Parole Board for Scotland

• Any member of a Pensions Appeal Tribunal

• Any member of the Pensions Compensation Board

• Any member of a Planning Inquiry Commission constituted under Part III of, and Schedule 6 to, the Town and Country Planning (Scotland) Act 1997

• Any member of the Police Complaints Authority

• Any member of the Police Information Technology Organisation in receipt of remuneration

• Any member of the Postal Services Commission

• Any member of the Probation Board for Northern Ireland

• Any member of the Radio Authority

• Any member of a Rail Passengers' Committee in receipt of remuneration

• Any member of a Rail Passengers' Council in receipt of remuneration

• Any member of a residuary body established by virtue of section 18 of the Local Government etc. (Scotland) Act 1994(20) who is in receipt of remuneration

• Any member of the Review Board for Government Contracts

• Any member of a Rural Development Board

• Any member of the Scottish Children’s Reporter Administration

• Any member of the Scottish Committee of the Council on Tribunals

• Any member of the Scottish Conveyancing and Executry Services Board

• Any member of the Scottish Criminal Cases Review Commission

• Any member of Scottish Enterprise

• Any member of the Scottish Environment Protection Agency

• Any member of the Scottish Further Education Funding Council established by an order made under the Further and Higher Education (Scotland) Act 1992(21)

• Any member of the Scottish Higher Education Funding Council in receipt of remuneration

• Any member of Scottish Homes

• Any member of the Scottish Land Court

• Any member of the Scottish Law Commission

• Any member of the Scottish Legal Aid Board

• Any member of Scottish Natural Heritage

• Any member of the Scottish Qualifications Authority

• Any member of the Scottish Social Services Council

• Any member of Scottish Water

• Any member of the Sea Fish Industry Authority

• Any member of the Sea Fish Licence Tribunal

• Any member of the Service Authority for the National Criminal Intelligence Service

• Any member of the Sianel Pedwar Cymru

• Any member of the Social Security Advisory Committee

• Any member of the Standards Commission for Scotland

• Any member of the staff of the State Pathology Service for Northern Ireland

• Any member of the Strategic Rail Authority

• Any member of the Training and Employment Agency Advisory Board in Northern Ireland

• Any member of the Transport Tribunal

• Any member of the tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000(22)

• Any member of the United Kingdom Atomic Energy Authority (within the meaning of the Atomic Energy Authority Act 1954(23))

• Any member of the Water Appeals Commission for Northern Ireland

• Adjudicator appointed under section 5 of the Criminal Injuries Compensation Act 1995(24)

• Adjudicator appointed under section 57 of the Immigration and Asylum Act 1999(25)

• Adjudicator for the Inland Revenue and Customs and Excise

• Advocate Depute (not being the Solicitor General for Scotland) appointed by the Lord Advocate

• Ambassador or Permanent Representative to an international organisation representing Her Majesty’s Government in the United Kingdom

• Assessor appointed for the purposes of section 133 of the Criminal Justice Act 1988(26)

• Assessor of Public Undertakings (Scotland)

• Assistant Commissioner appointed under Part II of the Local Government (Scotland) Act 1973(27)

• Attorney General of the Duchy of Lancaster

• Auditor of the Civil List

• Auditor of the Court of Session

• The Auditor General for Scotland

• The Auditor General for Wales and any member of the staff of the Auditor General for Wales

• Certification Officer or any assistant Certification Officer

• Certification Officer for Northern Ireland appointed under Article 69 of the Industrial Relations (Northern Ireland) Order 1992(28)

• Chairman of an Agricultural Land Tribunal or member of a panel appointed under paragraph 14 or 15 of Schedule 9 to the Agriculture Act 1947(29)

• Chairman of the Apple and Pear Research Council

• Chairman or Vice Chairman of the Arts Council of Northern Ireland

• Chairman or Director General of the British Council

• Chairman of the British Library Board

• Chairman of the British Potato Council

• Chairman of the Chief Executives' Forum in Northern Ireland

• Full time Chairman of Child Support Appeal Tribunals for Northern Ireland

• Chairman or Deputy Chairman of the Civil Service Appeal Board

• Chairman of the Consumer Committee for Electricity appointed under Article 7 of the Electricity (Northern Ireland) Order 1992(30)

• Chairman and Deputy Chairman of the Countryside Agency (formerly named the Countryside Commission) established in accordance with the provisions of Schedule 13 to the Wildlife and Countryside Act 1981(31)

• Chairman of the Covent Garden Market Authority

• Chairman of the Crofters Commission appointed under section 1(4) of the Crofters (Scotland) Act 1993(32)

• Chairman of the Deer Commission for Scotland

• Chairman and any other member of the Distinction and Meritorious Service Awards Committee for Northern Ireland established under article 25 of the Health and Personal Social Services (Northern Ireland) Order 1972(33)

• Chairman of English Nature

• Chairman of the Fire Authority for Northern Ireland

• Chairman of Food from Britain

• Chairman and any other member of the Gas and Electricity Consumer Council

• Chairman and any other member of the Gas and Electricity Markets Authority

• Chairman and Deputy Chairman of the General Consumer Council for Northern Ireland

• Chairman or any member, not being also an employee, of a Health Board or a Special Health Board constituted under the National Health Service (Scotland) Act 1978

• Chairman of the Health and Safety Agency for Northern Ireland

• Chairman of the Health and Safety Commission

• Chairman of the Home Grown Cereals Authority

• Chairman of the Horticultural Development Council

• Chairman of Horticulture Research International

• Paid Chairman of an Industrial Training Board constituted under the Industrial Training Act 1964(34) or the Industrial Training Act 1982(35) or of a committee appointed under either of those Acts or paid Deputy Chairman of such a Board

• Chairman of the Inland Waterways Amenity Advisory Council

• Chairman of Investors in People UK

• Chairman of the Joint Nature Conservation Committee

• Chairman of Learning and Teaching Scotland

• Chairman of the Livestock and Meat Commission for Northern Ireland

• Chairman or any member, not being also an employee, of the Management Committee of the Common Services Agency for the Scottish Health Service, constituted under the National Health Service (Scotland) Act 1978

• Chairman or any member, not being also an employee, of a committee constituted under section 91 of the Mental Health (Scotland) Act 1984(36)

• Chairman of the Milk Development Council

• Chairman or Deputy Chairman of the National Consumer Council

• Chairman of the National Endowment for Science, Technology and the Arts (“NESTA”) and, if in receipt of remuneration, any other member of NESTA

• Chairman of the National Forest Company

• Chairman or non executive director of a National Health Service Trust established under the National Health Service (Scotland) Act 1978

• Chairman of the National Lottery Charities Board and any chairman of a committee of that Board and if in receipt of remuneration any other member of that Board

• Chairman of the New Opportunities Fund and, if in receipt of remuneration, any other member of that Fund

• Chairman of the Northern Ireland Civil Service Appeal Board

• Chairman of the Northern Ireland Community Relations Council

• Chairman of, or secretary to, the Northern Ireland Local Government Officers' Superannuation Committee

• Chairman or director of the Northern Ireland Transport Holding Company, or any company which is a subsidiary of that Company

• Chairman and any deputy chairmen of the Police Advisory Board for England and Wales

• Chairman and any deputy chairmen of the Police Negotiating Board for the United Kingdom

• Chairman of a regional flood defence committee established under section 14 of the Environment Act 1995(37)

• Chairman of the Rural Development Council for Northern Ireland

• Chairman of the Scottish Arts Council

• Chairman or any member of the Scottish Dental Practice Board

• Chairman or Vice Chairman of the Scottish Sports Council

• Chairman of the Sustainable Development Commission

• Chairman of the tribunal constituted under section 706 of the Income and Corporation Taxes Act 1988(38)

• Chairman of the United Kingdom Sports Council

• Chairman of the Wine Standards Board of the Company of the master, wardens and commonalty of Vintners of the City of London

• Chairman of the Women’s Royal Voluntary Service

• Chairman or Vice Chairman of the Youth Council for Northern Ireland

• Chief Adjudication Officer appointed for Northern Ireland under section 37 of the Social Security Administration (Northern Ireland) Act 1992

• Chief Asylum Support Adjudicator, Deputy Chief Asylum Support Adjudicator and any other adjudicator appointed under paragraph 1 of Schedule 10 to the Immigration and Asylum Act 1999

• Chief Child Support Officer appointed under Article 15(3) of the Child Support (Northern Ireland) Order 1991(39)

• Chief Commissioner and other Commissioners of the Northern Ireland Human Rights Commission

• Chief Electoral Officer for Northern Ireland or any whole time officer appointed under section 14(1) of the Electoral Law Act (Northern Ireland) 1962(40)

• Chief Executive of the Simpler Trade Procedures Board

• Chief Investigating Officer appointed under section 9 of the Ethical Standards in Public Life etc. (Scotland) Act 2000(41)

• Chief Scientist of the Scottish Executive Health Department

• Civil Service Commissioner

• Civil Service Commissioner for Northern Ireland

• Clerk or deputy clerk of a district council in Northern Ireland

• Commissioner or Assistant Commissioner appointed under section 50(1) or (2) of, or Schedule 4 to, the Local Government Act (Northern Ireland) 1972(42)

• Additional Commissioner of the Commission for Racial Equality

• Additional Commissioner of the Equal Opportunities Commission

• Commissioner for Protection Against Unlawful Industrial Action

• Commissioner for Public Appointments

• Commissioner for Public Appointments for Northern Ireland

• Commissioner for the Rights of Trade Union Members

• Commons Commissioner

• Comptroller and Auditor General

• Comptroller and Auditor General for Northern Ireland

• Controller of Audit appointed under section 97(4) of the Local Government (Scotland) Act 1973

• Controller of Audit appointed under paragraph 7(1) of Schedule 1 to the Audit Commission Act 1998(43)

• Convener and any member of the Advisory Council established under section 3 of the Scottish Qualifications Authority Act 2002(44)

• Convener and any member of the Scottish Commission for the Regulation of Care

• Convenor of the Water Customer Consultation Panels appointed under paragraph 5(1) of Part 2 of Schedule 1 to the Water Industry (Scotland) Act 2002(45)

• Counsel to the Secretary of State under the Private Legislation Procedure (Scotland) Act 1936(46) (both Senior and Junior)

• Crown Solicitor for Northern Ireland

• Deputy Electoral Commissioners and Assistant Electoral Commissioners

• Director of the British Aerospace Public Limited Company appointed subject to the approval of a Minister or government department

• Director of British Nuclear Fuels plc

• Director of Caledonian MacBrayne Limited

• Director of a Company which for the time being holds a licence under Chapter 1 of Part 1 of the Transport Act 2000(47)

• Director of a company–

  (a)

  which within the meaning of Part II of the Railways Act 1993(48), is a successor company wholly owned by the Crown, or

  (b)

  which, within the meaning of that Act, is wholly owned by the Strategic Rail Authority

  being a director nominated or appointed by a Minister of the Crown, the Strategic Rail Authority or any other person or body acting on behalf of the Crown

• Director of Highlands and Islands Airports Limited

• Director nominated by the Secretary of State or the Scottish Ministers of any company in respect of which an undertaking to make advances has been given by the Secretary of State or the Scottish Ministers under section 2 of the Highlands and Islands Shipping Services Act 1960(49) and is for the time being in force

• Director of International Military Services Limited

• Director of Northern Ireland Railways Company Limited

• Director appointed at a salary of Remploy Limited

• Director of the Post Office company (within the meaning of Part IV of the Postal Services Act 2000)(50) being a director nominated or appointed by or on behalf of a Minister of the Crown

• Director, or Deputy Director, of Public Prosecutions for Northern Ireland

• Director General of Electricity Supply for Northern Ireland

• Director General of Fair Trading

• Director General of Gas for Northern Ireland

• Director General of the National Economic Development Office

• Director General of the National Lottery

• Director General of Telecommunications

• District Judge appointed under section 6 of the County Courts Act 1984(51)

• The Drinking Water Quality Regulator for Scotland

• The Forestry Commissioners and any member of the staff of the Forestry Commissioners

• Government Chemist

• The Governor or Administrator of a dependent territory within the meaning of section 50(1) of the British Nationality Act 1981(52)

• Governor of the British Broadcasting Corporation

• Governor, Deputy Governor or Director of the Bank of England

• Governor, Medical Officer or other officer or member of the staff of a prison to which the Prison Act (Northern Ireland) 1953(53) applies

• Health Service Commissioner for England

• Health Service Commissioner for Wales

• Her Majesty’s Chief Inspector of Constabulary appointed under section 54(1) of the Police Act 1996(54)

• Her Majesty’s Chief Inspector of Constabulary for Scotland appointed under section 33(1) of the Police (Scotland) Act 1967(55)

• Her Majesty’s Chief Inspector of Fire Services for Scotland

• Her Majesty’s Chief Inspector of Prisons for Scotland

• High Commissioner representing Her Majesty’s Government in the United Kingdom

• Immigration Services Commissioner appointed under section 83(2) of the Immigration and Asylum Act 1999 and Deputy Immigration Services Commissioner appointed under paragraph 16(1) of Schedule 5 to that Act

• Independent Assessor of Military Complaints Procedures in Northern Ireland

• Independent Case Examiner for the Child Support Agency

• Independent Commissioner or Deputy Commissioner for the Holding Centres in Northern Ireland

• Information Commissioner

• The International Rail Regulator

• Judge Advocate of the Fleet

• Judge Advocate General, Vice Judge Advocate General, Assistant Judge Advocate General or Deputy Judge Advocate

• Lay Observer appointed under Article 42 of the Solicitors (Northern Ireland) Order 1976(56)

• The Legal Services Ombudsman

• Lyon Clerk

• Lyon King of Arms

• Member of a panel of chairmen for Child Support Appeal Tribunals for Northern Ireland appointed under paragraph 3(2)(a) of Schedule 3 to the Child Support (Northern Ireland) Order 1991

• Member of a panel of persons appointed to act as chairmen or other members of employment tribunals in Northern Ireland

• Member, in receipt of remuneration, of a panel of persons who may be selected to act as member of the Financial Services and Markets Tribunal

• Member of the legal panel of persons available to act as chairmen of Registered Homes Tribunals

• Member of the legal panel of persons available to act as chairmen of Registered Homes Tribunals in Northern Ireland

• Member of a panel of persons appointed under Schedule 10 to the Rent Act 1977(57) to act as chairmen and other members of rent assessment committees

• Member of a panel of persons appointed under Schedule 5 to the Rent (Northern Ireland) Order 1978(58) to act as chairmen and other members of rent assessment committees

• Member of the panel of chairmen for Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals for Northern Ireland appointed under section 49(1)(c) of the Social Security Administration (Northern Ireland) Act 1992

• Member of a panel of persons appointed under section 6 of the Social Security Act 1998(59)

• Northern Ireland Commissioner for Complaints

• Northern Ireland Commissioner for Protection Against Unlawful Industrial Action

• Northern Ireland Commissioner for the Rights of Trade Union Members

• Northern Ireland Parliamentary Commissioner for Administration

• Officer or servant of the Crown Estate Commissioners

• Officer of the Supreme Court being the holder of any office listed in any Part of Schedule 2 to the Supreme Court Act 1981(60) or a district judge of the High Court

• Parliamentary Commissioner for Administration

• Parliamentary Commissioner for Standards

• Pensions Ombudsman

• Person appointed under section 3(1) of the Local Government and Housing Act 1989(61) to carry out functions relating to the political restriction of posts under local authorities within the meaning of Part I of that Act

• Person appointed under section 19E of the Race Relations Act 1976(62) to act as a monitor in respect of certain immigration and nationality matters

• Person appointed to hear and determine appeals under the Trade Marks Act 1994(63)

• Person holding a politically restricted post, within the meaning of Part I of the Local Government and Housing Act 1989, under a local authority, within the meaning of that Part, or a National Park Authority

• Police Ombudsman for Northern Ireland

• President of appeals tribunals (within the meaning of chapter I of Part I of the Social Security Act 1998 appointed under section 5 of that Act)

• President of the Employment Tribunals (England and Wales), President of the Employment Tribunals (Scotland) or member of a panel of persons appointed to act as chairman or other members of employment tribunals

• President or Vice President nominated by the Scottish Ministers under paragraph 4 of Schedule 4 to the Rent (Scotland) Act 1984(64)

• President of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals for Northern Ireland

• President of the Special Educational Needs and Disability Tribunal or member of a panel of persons appointed to act as chairman or other member of that Tribunal

• President or Vice-President of Value Added Tax Tribunals or full-time chairman of Value Added Tax Tribunals

• Public Works Loan Commissioner

• The Rail Regulator

• Receiver for the Metropolitan Police District

• A regional returning officer for the purposes of the Scotland Act 1998

• Registrar of the Privy Council

• Registration Officer appointed under section 8(3) of the Representation of the People Act 1983(65)

• Rent Officer or deputy rent officer nominated under Schedule 5 to the Rent (Northern Ireland) Order 1978(66)

• Returning Officer under section 25(1) of the Representation of the People Act 1983 and any Deputy Returning Officer appointed by the Returning Officer

• Scottish Information Commissioner appointed under section 42 of the Freedom of Information (Scotland) Act 2002(67)

• Scottish legal services ombudsman appointed under section 34 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(68)

• Scottish Parliamentary Standards Commissioner

• Scottish Public Services Ombudsman

• Social fund Commissioner

• Social fund Commissioner in Northern Ireland

• Solicitor in Scotland to any department of Her Majesty’s Government in the United Kingdom

• Staff of the Scottish Parliament

• Standing Counsel to any department of Her Majesty’s Government in the United Kingdom

• Standing Counsel to the Scottish Executive

• Statutory Officer appointed under section 70 of the Judicature (Northern Ireland) Act 1978(69)

• Traffic Commissioner for any area constituted for the purposes of the Public Passenger Vehicles Act 1981(70)

• Water Industry Commissioner for Scotland

• The Welsh Administration Ombudsman