Public Appointments and Public Bodies etc. (Scotland) Act 2003

Valid from 01/06/2004

This section has no associated Explanatory Notes

1(1)A person is disqualified from appointment, and from holding office, as Commissioner if that person is—S

(a)a member of the House of Lords and entitled to vote in the House;

(b)a member of the House of Commons;

(c)a member of the Scottish Parliament;

(d)a member, officer or member of staff of a specified authority;

(e)a specified authority (where the authority is an individual); or

(f)disqualified from election as a member of the Scottish Parliament or as a member of a local authority.

(2)A person holding office as Commissioner is disqualified from appointment—

(a)as a member, officer or member of staff of a specified authority;

(b)to any paid office by a specified authority; and

(c)as a specified authority (where the authority is an individual).

(3)A person who has ceased to hold office as Commissioner is, during the period of 3 years beginning with the date on which that person ceased to hold that office, disqualified from appointment—

(a)as a member, officer or member of staff of a specified authority;

(b)to any paid office by a specified authority; and

(c)as a specified authority (where the authority is an individual),

except in any case where, and to the extent that, the Parliament determines that this sub-paragraph is not to apply.

(4)In this paragraph, references to a member of a specified authority include any member by co-option of any committee of a specified authority.

(5)For the purposes of sub-paragraphs (2)(b) and (3)(b), an office is a paid office where the holder of it is entitled to remuneration or expenses (or to both).