The National Health Service Pension Scheme (Scotland) Regulations 2015

Regulation 4

SCHEDULE 1 Pension Board

Composition of the pension board

1.—(1) Subject to paragraph (2), the scheme manager is to determine—

(a) the membership of the Scottish NHS Pension Board (“the Board”);

(b) the manner in which the members of the Board may be appointed and removed; and

(c) the terms of appointment of the members of the Board.

(2) The Board is to include equal numbers of members representing employers and scheme members.

Terms of office of members

2.  The duration of the term of office of each member of the Board is to be determined by the scheme manager on appointment.

Disqualification from appointment as a member

3.  A person is disqualified from appointment as a member of the Board if that person has a conflict of interest.

Appointment, term of office and cessation of office of the chair

4.—(1) The scheme manager is to appoint the chair of the Board.

(2) A member serving as chair shall cease to be chair—

(a) on ceasing to be a member;

(b) if the member resigns as chair, which the member may do at any time by giving a minimum of three months’ notice (or such shorter period as the scheme manager is prepared to accept) in writing to the scheme manager;

(c) if the member’s membership of the board is suspended by the scheme manager.

Conflicts of interest

5.—(1) The scheme manager must, from time to time, be satisfied that none of the members of the Board has a conflict of interest.

(2) For the purpose of enabling the scheme manager to be satisfied that a person referred to in sub-paragraph (3) does not have a conflict of interest, that person must provide the scheme manager with such information as the scheme manager reasonably requires.

(3) Those persons are—

(a) a member of the Board;

(b) a person proposed to be appointed by the scheme manager as a member of the Board.

Information

6.—(1) The information about the pension board required to be published by section 6 (pension board: information) of the 2013 Act must additionally include a statement in relation to each member of the board, setting out any financial or other interest not being a conflict of interest but which has the potential to constitute a conflict of interest in the future.

(2) The obligation to include a statement mentioned in sub-paragraph (1) may be satisfied in whole or in part by the publication of any information provided to the scheme manager for the purposes of paragraph 5(2).