The Scottish Parliament (Disqualification) Order 1999 © Crown Copyright 1999 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Scottish Parliament (Disqualification) Order 1999 , ISBN 0 11 055994 0. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
Whereas a draft of this Order has been laid before, and approved by, a resolution of each House of Parliament: Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 15(1) of the Scotland Act 1998[1] and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:- Citation and commencement 1. This Order may be cited as the Scottish Parliament (Disqualification) Order 1999 and shall come into force on the day after the day on which it is made. Specified Office-Holders 2. An office-holder of a description specified in Part I of the Schedule to this Order is disqualified from being a member of the Scottish Parliament. 3. An office-holder of a description specified in column 1 of Part II of the Schedule to this Order is disqualified from being a member of the Scottish Parliament for any constituency specified in relation to that office-holder in column 2 of that Schedule and for any region specified in relation to that office-holder in column 3 of that Schedule. A. K. Galloway Clerk of the Privy Council Any member of the Advisory Committee on Hazardous Substances established under section 140(5) of the Environmental Protection Act 1990[2] Any member of the Aircraft and Shipbuilding Industries Arbitration Tribunal Any member of the Antarctic Act Tribunal established under regulations made under the Antarctic Act 1994[3] Any member of an Arbitration Tribunal established under Schedule 3 to the Industry Act 1975[4] Any member of the British Board of Agrément Any member of the British Coal Corporation Any member of the British Railways Board Any member of British Shipbuilders Any member of the British Waterways Board Any member of the Broadcasting Standards Commission Any member of the Central Arbitration Committee Any member of the Channel Four Television Corporation Any member of the Civil Aviation Authority Any member of the Civil Service Arbitration Tribunal Any member of the Coal Authority Any member of Comataidh Craolaidh Gaidhlig Any member of the Commission for Local Administration in England Any member of the Commission for Local Administration in Wales Any member of the Commission for Local Authority Accounts in Scotland Any member of the Commission for Racial Equality Any member of the Competition Commission Any member of the Copyright Tribunal Any member of the Council of the Advisory, Conciliation and Arbitration Service Any member of the Council on Tribunals Any member of the Criminal Cases Review Commission Any member of the Criminal Injuries Compensation Board Any member of the Crofters Commission Any member of the Crown Estate Commissioners Any member of a Dairy Produce Quota Tribunal constituted under the Dairy Produce Quotas Regulations 1984[5] Any member of the Data Protection Tribunal Any member of a Development Council established under the Industrial Organisation and Development Act 1947[6] Any member of the Disability Living Allowance Advisory Board Any member of the Disability Living Allowance Advisory Board for Northern Ireland Any member of the East of Scotland Water Authority Any member of the Employment Appeal Tribunal Any member of the Equal Opportunities Commission Any member of the Equal Opportunities Commission for Northern Ireland Any member of the Fair Employment Commission for Northern Ireland Any member of the Fair Employment Tribunal for Northern Ireland Any member of the Foreign Compensation Commission Any member of the Gaming Board for Great Britain Any member of the Health and Safety Executive Any member of Highlands and Islands Enterprise Any member of the Human Fertilisation and Embryology Authority Any member of the Immigration Appeal Tribunal Any member of the Independent Broadcasting Authority Any member of the Independent Commission for Police Complaints for Northern Ireland Any member of the Independent Television Commission Any member of an Industrial Court established in Northern Ireland Any member of the Industrial Development Board for Northern Ireland Any member of the Industrial Injuries Advisory Council Any member of the Intervention Board for Agricultural Produce and of every committee of the Board performing functions of the Board Any member of a Joint Planning Inquiry Commission constituted under Part III of, and Schedule 7 to, the Town and Country Planning (Scotland) Act 1997[7] Any member of the Lands Tribunal Any member of the Lands Tribunal for Northern Ireland Any member of the Lands Tribunal for Scotland Any member of the Local Government Boundary Commission for Scotland Any member of the Low Pay Commission appointed under section 8(9) of the National Minimum Wage Act 1998[8] Any member of the Meat and Livestock Commission Any member of a Meat Hygiene Appeals Tribunal constituted under the Fresh Meat (Hygiene and Inspection) Regulations 1995[9], the Poultry Meat, Farmed Game Birds Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995[10], and the Wild Game Meat (Hygiene and Inspection) Regulations 1995[11] Any member of a Medical Practices Committee constituted under section 7 of the National Health Service Act 1977[12] or section 3 of the National Health Service (Scotland) Act 1978[13] Any member of the Medicines Commission and of any committee established under section 4 of the Medicines Act 1968[14] Any member of a Mental Health Review Tribunal constituted or having effect as if constituted under the Mental Health Act 1983[15] Any member of the Mental Health Review Tribunal for Northern Ireland Any member of the Mental Welfare Commission for Scotland Any member of the Monetary Policy Committee of the Bank of England appointed under section 13(2)(b) of (c) of the Bank of England Act 1998[16] Any member of the Monopolies and Mergers Commission Any member of a National Broadcasting Council Any member of the National Disability Council Any member of the National Lottery Commission Any member of the National Radiological Protection Board Any member of the North of Scotland Water Authority Any member of the Northern Ireland Disability Council Any member of the Northern Ireland Economic Council Any member of the Northern Ireland Housing Executive Any member of the Occupational Pensions Regulatory Authority Any member of the Oil and Pipelines Agency Any member of the Parades Commission for Northern Ireland Any member of the Parole Board for Scotland Any member of a Pensions Appeal Tribunal Any member of the Pensions Compensation Board Any member of a Planning Inquiry Commission constituted under Part III of and Schedule 6 to, the Town and Country Planning (Scotland) Act 1997 Any member of the Police Complaints Authority Any member of the Police Information Technology Organisation in receipt of remuneration Any member of the Post Office Any member of the Radio Authority Any member of the Restrictive Practices Court Any member of the Review Board for Government Contracts Any member of a Rural Development Board Any member of the Scottish Children's Reporter Administration Any member of the Scottish Committee of the Council on Tribunals Any member of the Scottish Conveyancing and Executry Services Board Any member of the Scottish Criminal Cases Review Commission Any member of Scottish Enterprise Any member of the Scottish Environment Protection Agency Any member of Scottish Homes Any member of the Scottish Land Court Any member of the Scottish Law Commission Any member of the Scottish Legal Aid Board Any member of Scottish Natural Heritage Any member of the Scottish Qualifications Authority Any member of the Scottish Transport Group Any member of the Scottish Water and Sewerage Customers Council or of any committee established by that council under paragraph 10(1) of Schedule 9 to the Local Government etc. (Scotland) Act 1994[17] Any member of the Sea Fish Industry Authority Any member of the Sea Fish Licence Tribunal Any member of the Service Authority for the National Criminal Intelligence Service Any member of Sianel Pedwar Cymru Any member of the Social Security Advisory Committee Any member of the Training and Employment Agency Advisory Board in Northern Ireland Any member of the Transport Tribunal Any member of the Tribunal established under section 9 of the Intelligence Services Act 1994[18] Any member of the Tribunal established under the Interception of Communications Act 1985[19] Any member of the Tribunal established under the Security Service Act 1989[20] Any member of the United Kingdom Ecolabelling Board Any member of the Water Appeals Commission for Northern Ireland Any member of the West of Scotland Water Authority Additional Commissioner of the Commission for Racial Equality Additional Commissioner of the Equal Opportunities Commission Additional Commissioner of the Equal Opportunities Commission for Northern Ireland Adjudicating medical practitioner or specially qualified adjudicating medical practitioner appointed under or by virtue of Part II of the Social Security Administration Act 1992[21] or Part II of the Social Security Administration (Northern Ireland) Act 1992[22] Adjudicator appointed under section 5 of the Criminal Injuries Compensation Act 1995[23] Adjudicator appointed for the purposes of the Immigration Act 1971[24] Adjudicator for the Inland Revenue, Customs and Excise and the Contributions Agency Advocate Depute (not being the Solicitor General for Scotland) appointed by the Lord Advocate Ambassador or Permanent Representative to an international organisation representing Her Majesty's Government in the United Kingdom Assessor appointed for the purposes of section 133 of the Criminal Justice Act 1988[25] Assessor of Public Undertakings (Scotland) Assistant Commissioner appointed under Part II of the Local Government (Scotland) Act 1973[26] Attorney General of the Duchy of Lancaster Auditor of the Civil List Auditor of the Court of Session The Auditor General for Scotland Any member of the Boundary Commission for Scotland or any assistant Commissioner of that Commission appointed under Schedule 1 to the Parliamentary Constituencies Act 1986[27] Certification Officer or any assistant Certification Officer Certification Officer for Northern Ireland appointed under Article 69 of the Industrial Relations (Northern Ireland) Order 1992[28] Chairman or Medical Director of the Advisory Committee on Distinction Awards Chairman of an Agricultural Land Tribunal or member of a panel appointed under paragraph 14 or 15 of Schedule 9 to the Agriculture Act 1947[29] Chairman or Vice-Chairman of the Arts Council of Northern Ireland Chairman or Director-General of the British Council Chairman of the British Library Board Chairman of the British Overseas Trade Board Chairman of the Central Rail Users' Consultative Committee appointed under section 3 of the Railways Act 1993[30] Chairman of the Chief Executives' Forum in Northern Ireland Regional or other full-time Chairman of a child support appeal tribunal established under section 21 of the Child Support Act 1991[31] Full-time Chairman of Child Support Appeal Tribunals for Northern Ireland Chairman or Deputy Chairman of the Civil Service Appeal Board Chairman of the Consumer Committee for Electricity appointed under Article 7 of the Electricity (Northern Ireland) Order 1992[32] Chairman of a Consumers' committee appointed under section 2 of the Electricity Act 1989[33] Chairman of the Deer Commission for Scotland Chairman of the Distinction and Meritorious Service Awards Committee for Northern Ireland Chairman of the Fire Authority for Northern Ireland Chairman of Food from Britain Chairman of the Gas Consumers' Council Chairman of the General Consumer Council for Northern Ireland Chairman or any member, not being also an employee, of a Health Board constituted under the National Health Service (Scotland) Act 1978 Chairman of the Health and Safety Agency for Northern Ireland Chairman of the Health and Safety Commission Chairman or any member, not being also an employee, of the Health Education Board for Scotland Chairman of the Home-Grown Cereals Authority Paid Chairman of an Industrial Training Board constituted under the Industrial Training Act 1964[34] or the Industrial Training Act 1982[35] or of a committee appointed under either of those Acts or paid Deputy Chairman of such a Board Chairman of the Inland Waterways Amenity Advisory Council Chairman of Investors in People UK Chairman of the Joint Nature Conservation Committee Chairman of the Livestock and Meat Commission for Northern Ireland Chairman or any member, not being also an employee, of the Management Committee of the Common Services Agency for the Scottish Health Service constituted under the National Health Service (Scotland) Act 1978 Chairman or any member, not being also an employee, of a committee constituted under section 91 of the Mental Health (Scotland) Act 1984[36] Chairman of the National Board for Nursing, Midwifery and Health Visiting for Scotland mentioned in section 5 of the Nurses, Midwives and Health Visitors Act 1997[37] or any member of that Board appointed at a salary Chairman or Deputy Chairman of the National Consumer Council Chairman of the National Endowment for Science, Technology and the Arts ("NESTA") and, if in receipt of remuneration, any other member of NESTA Chairman or non-executive director of a National Health Service Trust established under the National Health Service (Scotland) Act 1978 Chairman of the National Lottery Charities Board and any chairman of a committee of that Board and if in receipt of remuneration any other member of that Board Chairman of the New Opportunities Fund and, if in receipt of remuneration, any other member of that Fund Chairman of the Northern Ireland Civil Service Appeal Board Chairman of the Northern Ireland Community Relations Council Chairman of, or secretary to, the Northern Ireland Local Government Officers' Superannuation Committee Chairman or Vice-Chairman of the Police Authority for Northern Ireland Chairman or any member, not being also an employee, of the Scottish Council for Postgraduate Medical and Dental Education Chairman of the Post Office Users' National Council Chairman of the Probation Board for Northern Ireland Chairman of a rail users' consultative committee appointed under section 2 of the Railways Act 1993 Chairman of the Rural Development Council for Northern Ireland Chairman of the Scottish Dental Practice Board or a member of that Board appointed at an annual salary Chairman or Vice Chairman of the Scottish Sports Council A regional or other full-time Chairman of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals A full-time chairman of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals for Northern Ireland Chairman of the Standing Advisory Commission on Human Rights constituted under section 20 of the Northern Ireland Constitution Act 1973[38] Chairman or any member, not also being an employee, of the State Hospitals Board for Scotland Chairman of the tribunal constituted under section 706 of the Income and Corporation Taxes Act 1988[39] Chairman of the United Kingdom Sports Council Chairman of the Wine Standards Board of the Company of the master, wardens and commonalty of Vintners of the City of London Chairman of the Women's Royal Voluntary Service Chairman or Vice Chairman of the Youth Council for Northern Ireland Chief Adjudication Officer appointed under section 39 of the Social Security Administration Act 1992 Chief Adjudication Officer appointed for Northern Ireland under section 37 of the Social Security Administration (Northern Ireland) Act 1992 Chief Child Support Officer appointed under section 13(3) of the Child Support Act 1991[40] Chief Child Support Officer appointed under Article 15(3) of the Child Support (Northern Ireland) Order 1991[41] Chief Commissioner and other Commissioners of the Northern Ireland Human Rights Commission Chief Commissioner, Deputy Commissioner and Commissioners of the Equality Commission for Northern Ireland Chief Electoral Officer for Northern Ireland or any whole time officer appointed under section 14(1) of the Electoral Law Act (Northern Ireland) 1962[42] Chief Executive of the Simpler Trade Procedures Board Chief Scientist of the Scottish Office Department of Health Civil Service Commissioner Civil Service Commissioner for Northern Ireland Clerk or deputy clerk of a district council in Northern Ireland The Commissioner for Local Administration in Scotland Commissioner or Assistant Commissioner appointed under section 50(1) or (2) of, or Schedule 4 to, the Local Government Act (Northern Ireland) 1972[43] Commissioner or Assistant Commissioner of Police of the Metropolis Commissioner of the City of London Police Commissioner for Protection Against Unlawful Industrial Action Commissioner for Public Appointments Commissioner for Public Appointments for Northern Ireland Commissioner for the Rights of Trade Union Members Commons Commissioner Comptroller and Auditor General Comptroller and Auditor General for Northern Ireland Controller of Audit appointed under section 97(4) of the Local Government (Scotland) Act 1973 Controller of Audit appointed under paragraph 7(1) of Schedule 1 to the Audit Commission Act 1998[44] Counsel to the Secretary of State under the Private Legislation Procedure (Scotland) Act 1936[45] (Both Senior and Junior) Crown Solicitor for Northern Ireland The Data Protection Commissioner The Data Protection Registrar Director of the British Aerospace Public Limited Company appointed subject to the approval of a Minister or government department Director of British Nuclear Fuels plc Director of Caledonian MacBrayne Limited Director of a Company-
(b) which, within the meaning of that Act, is wholly owned by the Director of Passenger Rail Franchising
being a director nominated or appointed by a Minister of the Crown, the Director of Passenger Rail Franchising or any other person acting on behalf of the Crown
(This note is not part of the Order) This Order specifies the office-holders who are disqualified from being a member of the Scottish Parliament. Part I of the Schedule specifies the office-holders which are disqualified from being a member of the Parliament and Part II of the Schedule specifies the office-holders which are disqualified from being a member of the Parliament but only for particular constituencies or regions. Notes: [1] 1998 c.46. The procedure for an Order in Council under section 15(1) of the Scotland Act 1998 was modified by Article 3 of the Scotland Act (Transitional and Transitory Provisions)(Subordinate Legislation under the Act) Order 1998 (S.I. 1998/3216).back
ISBN 0 11 055994 0
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