Police, Public Order and Criminal Justice (Scotland) Act 2006

The Director General

1 (1) The first Director General of the Agency is to be the person who, immediately before the coming into force of this paragraph, is the Director of the Scottish Drug Enforcement Agency (“the old Agency”).

(2) The first Director General holds office as Director General until the term of appointment as Director of the old Agency would have ended.

(3) Each subsequent Director General —

(a) is to be appointed by the Authority; and

(b) holds office for a term of 3 years.

(4) The Authority may extend the Director General’s term of office by a single period not exceeding 3 years.

(5) A person is disqualified from appointment, and from holding office, as Director General if that person is a member of the Authority.

(6) A person may be appointed as Director General only if the person satisfies any requirements that the Scottish Ministers may specify in regulations and—

(a) holds the rank of deputy chief constable in a police force; or

(b) is eligible to apply for a post of that rank.

(7) Despite section 5(3) of the 1967 Act, a person referred to in sub-paragraph (6)(b) who is appointed as Director General is, by virtue of the appointment, promoted to the rank of deputy chief constable.

(8) The Scottish Ministers may by order amend sub-paragraphs (6) and (7) so as to substitute for the rank for the time being specified there another rank.

(9) In sub-paragraph (1), “the Scottish Drug Enforcement Agency” means the organisation known by that name and established under section 36(1)(a)(ii) of the 1967 Act.