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Child Poverty (Scotland) Act 2017

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Disqualification for appointment

This section has no associated Explanatory Notes

5(1)The Scottish Ministers may not appoint a person as a member if the person—

(a)is—

(i)a member of the Scottish Parliament,

(ii)a member of the House of Commons,

(iii)a member of the National Assembly for Wales,

(iv)a member of the Northern Ireland Assembly,

(v)a member of the European Parliament,

(vi)a councillor of any local authority,

(vii)the holder of any other relevant elective office within the meaning of paragraph 1(8) of schedule 7 to the Political Parties, Elections and Referendums Act 2000,

(viii)a member of the Scottish Government,

(ix)a Minister of the Crown,

(x)an office-holder of the Crown in right of Her Majesty’s Government in the United Kingdom,

(xi)an office-holder in the Scottish Administration,

(xii)a civil servant,

(b)is or has been insolvent,

(c)is or has been disqualified as a company director under the Company Directors Disqualification Act 1986,

(d)is or has been disqualified as a charity trustee under the Charities and Trustee Investment (Scotland) Act 2005, or

(e)is or has been disqualified under any disqualification provision analogous to either of those mentioned in paragraphs (c) and (d), anywhere in the world.

(2)For the purposes of sub-paragraph (1)(b), a person is or has been insolvent if—

(a)the person’s estate is or has been sequestrated,

(b)the person has granted a trust deed for creditors or has made a composition or arrangement with creditors,

(c)the person is or has been the subject of any other kind of arrangement analogous to either of those described in paragraphs (a) and (b), anywhere in the world.

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