Scottish Parliamentary Commissions and Commissioners etc. Act 2010

8 Disqualification

(1) A person is disqualified from appointment and from holding office as a Commissioner if the person—

(a) is a member of the Parliament or its staff,

(b) was a member of the Parliament at any time within two years before the date when the appointment might otherwise have been made,

(c) is disqualified from being a member of the Parliament,

(d) is a member of the House of Commons,

(e) is a member of the House of Lords entitled to vote there,

(f) is employed, or appointed in any other capacity, by the Commission,

(g) is a member, employee or appointee of—

(i) the Standards Commission for Scotland,

(ii) a specified authority, or

(iii) a devolved public body,

(h) is a specified authority (where the authority is an individual),

(i) is, or is an employee or appointee of, the Scottish Public Services Ombudsman,

(j) is a member of a council or any committee of a council,

(k) is disqualified from being a member of a council, or

(l) is a member of a joint board or joint committee.

(2) In this section—

(a) the following expressions have the following meanings—

• “specified authority” means any of the specified authorities referred to in section 2(1) of the Public Appointments Act,

• “council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

• “joint board” and “joint committee” have, respectively, the meanings given by section 235(1) of the Local Government (Scotland) Act 1973 (c. 65),

• “devolved public body” has the meaning given by section 28(1) of the Ethical Standards Act,

(b) the reference to a member of a specified authority includes a reference to—

(i) a member, by co-option, of any committee of a specified authority,

(ii) a holder of a paid office appointed by a specified authority, and

(c) a paid office is one where the holder is entitled to remuneration, allowances or expenses or any combination of them.