Scottish Food Commission: Constitution and Operation
62.The schedule makes further provision about the Scottish Food Commission.
63.Paragraph 1 states that the Scottish Food Commission is a body corporate. This means that it has a legal personality separate from that of the people who comprise it.
64.Paragraph 2 states that the Commission is not to be regarded as a servant or agent of the Crown, or having any status, immunity or privilege of the Crown. Neither its members nor its staff are to be regarded as civil servants.
65.Paragraph 3 (Part 2 of the schedule) sets out the Commission’s general powers which are broad in nature.
66.Paragraphs 4 to 8 of the schedule provide that the Commission may establish committees and sub-committees, regulate its own procedure and that of its committees and sub-committees and may authorise any of its members, committees, sub-committees or staff to carry out some of its functions (and to the extent) the Commission decides. Paragraph 8 provides that the validity of anything done by the Committee or a person authorised to do something on behalf of the Commission is not affected by a vacancy in its membership, a defect in the appointment of a member or the disqualification of a member after they have been appointed.
67.Paragraphs 9 to 11 make provision about how the Commission is to be held accountable. The Commission is required by paragraph 9 to produce a corporate plan, which is to be submitted to the Scottish Ministers for approval, modification as they consider appropriate or rejection. The Commission must comply with the corporate plan once it has been submitted to and approved by the Scottish Ministers. The plan can be revised either on the voluntary decision of the Commission itself or when required to do so by the Scottish Ministers.
68.The Commission must prepare and keep proper accounts and accounting records and produce a financial statement of accounts each year, a copy of which is to be sent to the Auditor General for Scotland for auditing (paragraph 10).
69.The Commission must also produce an annual report as soon as reasonably practicable after each financial year. This report is to be made publicly available and copies are to be sent to the Scottish Ministers and laid before the Scottish Parliament, respectively.
70.Paragraphs 12 to 17 make provision about the membership of the Commission including how members are appointed, the duration of their tenure in office, their remuneration, allowances and pensions, the circumstances in which a member’s tenure may be terminated early and grounds for disqualification as members.
71.The Commission is to consist of a chairing member and at least 2 but no more than 4 other members (paragraph 12(1)). Paragraph 12(2) confers a powers on the Scottish Ministers to alter the maximum number of members by regulations.
72.Paragraphs 18 to 20 make provision for the Commission to be able to appoint staff, on terms and conditions approved by the Scottish Ministers.
73.With the approval of the Scottish Ministers, the Commission may pay or make arrangements to pay pensions, allowances and gratuities to or in respect of anyone who is or has been a member of its staff.
