UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021

Appointment of members

2 (1) Environmental Standards Scotland is to consist of—

(a) a member appointed by the Scottish Ministers to chair Environmental Standards Scotland, and

(b) at least 4 but no more than 6 other members appointed by the Scottish Ministers.

(2) The Scottish Ministers may appoint a person as a member only if the Scottish Parliament has approved the appointment.

(3) In appointing members, the Scottish Ministers must have regard, among other things, to the desirability of ensuring that the membership (taken as a whole) has expertise or experience in—

(a) law (including international law) relating to the natural environment,

(b) environmental science,

(c) environmental policy, and

(d) investigatory and enforcement proceedings.

(4) A member is appointed for such period not exceeding 4 years as the Scottish Ministers determine.

(5) The Scottish Ministers may reappoint a person as a member if—

(a) the person—

(i) is a member at the time of reappointment, or

(ii) ceased to be a member not more than 3 months before the date of reappointment, and

(b) the person has not previously been reappointed.

(6) Sub-paragraphs (2) and (4) apply to the reappointment of a person as a member as they apply to the appointment of a person as a member.

(7) The Scottish Ministers may determine other terms and conditions of membership in relation to matters not covered by this Act.

(8) The Scottish Ministers may by regulations amend sub-paragraph (1)(b) by substituting a different number for a number for the time being mentioned there.

(9) Regulations under sub-paragraph (8) are subject to the negative procedure.