Part 1: Status and independence
65.Paragraph 1 of the schedule provides that the Commissioner is a juristic person distinct from the natural person holding the office of Commissioner.
66.Paragraph 2 provides that the Commissioner is not to be regarded as being a servant or agent of the Crown and does not enjoy any status, immunity or privilege of the Crown. The Commissioner’s property belongs to the Commissioner (as Commissioner) and not to the Crown. The Commissioner’s staff are not to be treated as civil servants.
67.Paragraph 3 provides that the Commissioner is not subject to the direction or control of any member of the Scottish Parliament, the Scottish Ministers or the SPCB except as explicitly provided for in the Act. The relevant provisions are set out in sub-paragraph (2).
