[F14(1)In appointing members of the Commission, the Scottish Ministers must—S
(a)ensure—
(i)that each person appointed has knowledge of crofting;
(ii)where sub-paragraph (2) applies, that at least one person appointed can speak the Gaelic language; and
(iii)where sub-paragraph (3) applies, that at least one person appointed appears to Ministers to represent the interests of landlords of crofts; and
(b)be satisfied that no person appointed has any financial or other interest that would be likely to affect prejudicially the exercise by that person of the functions of a member.
(2)This sub-paragraph applies where none of the elected members can speak the Gaelic language.
(3)This sub-paragraph applies where the Scottish Ministers consider that none of the elected members represents the interests of landlords of crofts.
(4)The fact that a person is—
(a)a crofter;
(b)a landlord of a croft;
(c)an owner-occupier of a croft;
(d)a cottar; or
(e)a member of the family of any such person,
does not of itself constitute an interest mentioned in sub-paragraph (1)(b).
(5)No person may be appointed as a member of the Commission if that person is, or has at any time during the previous year been, a member of—
(a)the House of Commons;
(b)the Scottish Parliament;
(c)the European Parliament.]
Textual Amendments
F1Sch. 1 substituted (1.10.2011 for specified purposes, 1.4.2012 in force in so far as not already in force) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 1 (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with arts. 4 5(1) 8); S.S.I. 2011/334, art. 3, sch. Pt. 2 (with arts. 4 5(3))