Social Security (Scotland) Act 2018

Disqualification grounds

17 (1) A person is disqualified from being a member of the Commission if sub-paragraph (2) or (3) applies to the person.

(2) This sub-paragraph applies to a person who is—

(a) a member of the—

(i) Scottish Parliament,

(ii) House of Commons,

(iii) House of Lords,

(iv) National Assembly for Wales,

(v) Northern Ireland Assembly, or

(vi) European Parliament,

(b) a councillor of any local authority,

(c) a member of the Scottish Government,

(d) a Minister of the Crown,

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

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

(g) a civil servant,

(h) one of the members of the Scottish Tribunals, as defined in section 13(3) of the Tribunals (Scotland) Act 2014,

(i) a judge, or other member, of the Upper Tribunal or First-tier Tribunal established by section 3 of the Tribunals, Courts and Enforcement Act 2007.

(3) This sub-paragraph applies to a person (subject to sub-paragraph (4)) who is or has been—

(a) disqualified as a company director under the Company Directors Disqualification Act 1986,

(b) disqualified as a charity trustee under the Charities and Trustee Investment (Scotland) Act 2005,

(c) the subject of a disqualification under a disqualification provision analogous to either of those mentioned in paragraph (a) or (b) anywhere in the world.

(4) Sub-paragraph (3) does not apply to a person who is or has been disqualified as mentioned in that sub-paragraph only by—

(a) section 11 of the Company Directors Disqualification Act 1986 (undischarged bankrupts),

(b) section 69(2)(b) of the Charities and Trustee Investment (Scotland) Act 2005 (which disqualifies undischarged bankrupts from being charity trustees), or

(c) a provision analogous to either of those mentioned in paragraph (a) or (b) anywhere in the world.