SCHEDULE 1The Scottish Police Services Authority

Membership

3

1

The Scottish Ministers must appoint the members of the Authority.

2

Each member must fall within one of the categories mentioned in sub-paragraph (3).

3

Those categories are—

a

police force members;

b

police authority members;

c

lay members.

4

The Authority is to consist of not more than 10 members and, subject to sub-paragraph (5), must include—

a

a convener (who must be a lay member); and

b

at least two members (not including the convener) falling within each of the categories mentioned in sub-paragraph (3).

5

Sub-paragraph (4)(b) does not apply if, in the opinion of the Scottish Ministers, its application would—

a

prevent the Authority from operating; or

b

prevent or impede the effective or efficient operation of the Authority.

6

A person may be appointed as a police force member of the Authority only if nominated for such appointment by persons whom the Scottish Ministers consider represent the interests of chief constables of police forces.

7

A person may be appointed as a police authority member of the Authority only if nominated for such appointment by persons whom the Scottish Ministers consider represent the interests of police bodies.

8

Sub-paragraph (4)(b) does not apply if—

a

the Scottish Ministers request the persons referred to in sub-paragraph (6) or (7) to nominate persons for appointment as a police force member or a police authority member of the Authority; and

b

the persons requested fail, within such reasonable time as the Scottish Ministers may specify, to comply with the request.

9

A person is disqualified from appointment, and from holding office, as a police authority member or a lay member of the Authority if that person is—

a

a member of—

i

the House of Lords;

ii

the House of Commons;

iii

the Scottish Parliament;

iv

the European Parliament; or

b

disqualified from standing for election as a member of—

i

the House of Commons;

ii

the Scottish Parliament; or

iii

a local authority.

10

A person is disqualified from appointment, and from holding office, as a lay member of the Authority if that person is—

a

a constable of a police force;

b

a member of—

i

a police force maintained under section 2 of the Police Act 1996 (c. 16);

ii

the metropolitan police force or of the City of London police force;

iii

the Police Service of Northern Ireland;

iv

the Ministry of Defence Police appointed on the nomination of the Secretary of State under section 1 of the Ministry of Defence Police Act 1987 (c. 4);

v

the British Transport Police Force;

vi

the Civil Nuclear Constabulary;

vii

the States of Jersey Police Force;

viii

the salaried police force of the Island of Guernsey; or

ix

the Isle of Man Constabulary;

c

a member of the Serious Organised Crime Agency;

d

a member of a local authority; or

e

a member of staff of the Authority.

11

The Scottish Ministers may by order amend sub-paragraph (4) by substituting for the maximum number of members for the time being specified there such other number as they think fit.

12

Before making an order under sub-paragraph (11) the Scottish Ministers must consult—

a

the Authority;

b

persons whom the Scottish Ministers consider represent the interests of chief constables of police forces; and

c

persons whom the Scottish Ministers consider represent the interests of police bodies.