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(1)The Commissioner is to be an individual appointed by Her Majesty on the nomination of the Parliament.
(2)A person is disqualified from appointment as the Commissioner if that person is, at the date when the appointment is to take effect, or in the year prior to that date has been—
(a)a member of the Parliament;
(b)a member of the House of Commons; or
(c)a member of the European Parliament.
(3)The Commissioner is to be appointed for such period, not exceeding five years, as the Parliamentary corporation may determine.
(4)A person who has been appointed for one period as the Commissioner may be appointed for a second period (whether or not consecutive) but not for any additional period.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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