Search Legislation

Scottish Parliamentary Commissions and Commissioners etc. Act 2010

Status:

This is the original version (as it was originally enacted).

Members' terms of office, subsequent appointments etc.

This section has no associated Explanatory Notes

8For paragraphs 5 (tenure of office of members) and 6 (remuneration etc.) there is substituted—

Tenure of office, remuneration etc.

5(1)Each member of the Commission shall hold office for such period, not exceeding eight years, as the Parliamentary corporation determines at the time of appointment.

(2)A person who has ceased to be a member is ineligible for reappointment at any time.

(3)A member may resign office at any time by notice in writing given to the Parliamentary corporation.

(4)A member may be removed from office by the Parliamentary corporation if sub-paragraph (5) applies.

(5)This sub-paragraph applies if—

(a)the Parliamentary corporation is satisfied that the member has breached the member’s terms and conditions of office and the Parliament resolves that the member should be removed from office for that breach; or

(b)the Parliament resolves that it has lost confidence in the member’s willingness, suitability or ability to exercise that member’s functions,

and, in either case, the resolution is voted for by a number of members not fewer than two thirds of the total number of seats for members of the Parliament.

(6)The Parliamentary corporation may, in the terms and conditions of office of a member, specify the minimum period of notice for the purposes of sub-paragraph (3).

(7)Each member is entitled to—

(a)such remuneration; and

(b)such allowances,

as the Parliamentary corporation determines.

(8)In other respects, each member holds office on such terms and conditions as the Parliamentary corporation determines.

(9)Those terms and conditions may, without prejudice to paragraph 3—

(a)prohibit the member from holding any other specified office, employment or appointment or engaging in any other specified occupation;

(b)provide that the member’s holding of any such office, employment or appointment or engagement in any such occupation is subject to the approval of the Parliamentary corporation;

(c)for the purposes of this sub-paragraph, provide differently for the member appointed as convener and the other members.

(10)In sub-paragraph (9), “specified” means specified in the terms and conditions of office or within a description so specified.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources