SCHEDULES

SCHEDULE 1Constitution and proceedings of Scottish Natural Heritage

Membership

3

The members of SNH shall be not less than eight, nor more than twelve, persons appointed by the Secretary of State.

4

In making appointments under paragraph 3 above, the Secretary of State shall have regard to the desirability of ensuring that the membership of SNH contains at any time, so far as is practicable, persons of knowledge or experience relevant to the principal areas of activity of SNH.

5

The Secretary of State shall satisfy himself—

a

before he appoints a person to be a member that the person will have no such financial or other interest as is likely to affect prejudicially the performance of his functions as a member: and

b

from time to time that each person so appointed continues, and has continued, to have no such interest.

6

A person in respect of whom the Secretary of State requires to be satisfied as is mentioned in paragraph 5 above shall, whenever requested by the Secretary of State to do so, furnish the Secretary of State with such information as the Secretary of State may consider necessary for the purposes of fulfilling that requirement.

7

Subject to this paragraph and paragraphs 9 and 10 below, each member of SNH—

a

shall hold and vacate office in accordance with the terms of his appointment;

b

may, by notice in writing to the Secretary of State, resign his membership; and

c

after ceasing to hold office shall be eligible for reappointment as a member.

8

The Secretary of State may, by order made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament, amend paragraph 3 above so as to substitute for the numbers for the time being specified as, respectively, the minimum and maximum membership of SNH such other numbers as he thinks fit.

9

The Secretary of State may remove a member from office if he is satisfied that the member—

a

has been adjudged bankrupt, has made an arrangement with his creditors, has had his estate sequestrated or has granted a trust deed for his creditors or a composition contract;

b

is incapacitated by physical or mental illness;

c

has been absent from meetings of SNH for a period longer than three months without the permission of SNH; or

d

is otherwise unable or unfit to discharge his functions as a member or is unsuitable to continue as a member.