Freedom of Information (Scotland) Act 2002

42 The Scottish Information Commissioner S

(1) For the purposes of this Act there is to be an officer known as the Scottish Information Commissioner (in this Act referred to as the “Commissioner”) who is to be an individual appointed by Her Majesty on the nomination of the Parliament.

(2) The Commissioner is entitled to—

(a) a salary of such amount; and

(b) such allowances,

as the Parliamentary corporation may determine.

(3) Subject to subsection (4), the Commissioner is to hold office for such period not exceeding five years as the Parliamentary corporation, at the time of appointment, may determine.

(4) The Commissioner—

(a) may be relieved of office by Her Majesty at that officer’s request;

(b) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) may be removed from office by Her Majesty in pursuance of a resolution of the Parliament, which, if passed on a division, must be voted for by the number of members equivalent to not less than two thirds of the total number of seats for members of the Parliament; and

(d) in other respects, holds office on such terms and conditions as the Parliamentary corporation may determine.

(5) A person whose term of office as Commissioner expires F2 . . . is eligible for re-appointment; but re-appointment for a third term is competent only if, by reason of special circumstances, such re-appointment is desirable in the public interest.

(6) The validity of any actings of the Commissioner is not affected by a defect in the nomination by the Parliament for that officer’s appointment.

(7) The Commissioner, in the exercise of that officer’s functions (except the function of preparing accounts), is not subject to the direction or control of the Parliamentary corporation, of any member of the Scottish Executive or of the Parliament; but this subsection is without prejudice to paragraph 3(4) of schedule 2.

(8) Where the office of Commissioner is vacant, the Parliamentary corporation may appoint a person (who may or may not be a member of the Commissioner’s staff) to discharge the functions of that office until a new Commissioner is appointed.

(9) A person appointed under subsection (8)—

(a) may be relieved of that appointment at that person’s request;

(b) may be removed from office by the Parliamentary corporation by notice in writing given by it;

(c) in other respects, holds office on such terms and conditions as the Parliamentary corporation may determine; and

(d) while holding that appointment, is to be treated for all purposes, except those of subsections (1) to (6) and those of paragraph 2 of schedule 2, as the Commissioner.

(10) Any function of the Commissioner may be exercised on behalf of that officer by any person (whether or not a member of that officer’s staff) authorised by the Commissioner to do so (and to the extent so authorised).

(11) The Parliamentary corporation is to pay—

(a) the salary and allowances of the Commissioner;

(b) any expenses incurred by that officer in the exercise of functions under this Act; and

(c) any sums payable by virtue of subsection (9)(a) to (c) to, or in respect of, a person who—

(i) is appointed under subsection (8); or

(ii) has ceased to hold office by virtue of having been so appointed.

(12) Schedule 2 to this Act has effect with respect to the Commissioner.

Textual Amendments

F1 S. 42(4)(b) repealed (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49(2), Sch. 9 (with regs. 44-46).

F2 Words in brackets in s. 42(5) repealed (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49(2), Sch. 9 (with regs. 44-46)