Part 1The Commissioner
Appointment
1(1)The Commissioner is to be appointed by the Scottish Ministers on such terms and conditions as they may determine.
(2)Those terms and conditions may include arrangements for the payment of pensions, allowances or gratuities to, or in respect of, persons who have ceased to hold office as Commissioner.
Staff
2(1)The Commissioner may, with the consent of the Scottish Ministers as to numbers, terms and conditions, appoint staff.
(2)The Commissioner may make arrangements for the payment of pensions, gratuities or allowances to, or in respect of, any person who has ceased to be a member of staff of the Commissioner and may in particular—
(a)make contributions or payments towards provision for such pensions, gratuities or allowances,
(b)establish and administer one or more pension schemes.
(3)Arrangements under sub-paragraph (2) are subject to the approval of the Scottish Ministers.
Status
3The Commissioner and the Commissioner’s staff are not to be regarded as servants or agents of the Crown and do not have any status, immunity or privilege of the Crown.
Accounts
4The Commissioner must—
(a)prepare, for each financial year, in accordance with directions given by the Scottish Ministers, an account of the Commissioner’s income and expenditure, and
(b)send the account, by such time as the Scottish Ministers may direct, to the Auditor General for Scotland for auditing.