- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(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.
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.
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
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: