Food (Scotland) Act 2015

Membership

6 Number and appointment of members

(1) Food Standards Scotland is to consist of—

(a) a person appointed by the Scottish Ministers to chair Food Standards Scotland, and

(b) no fewer than 3 nor more than 7 other members appointed by the Scottish Ministers.

(2) A person may not be appointed as a member if the person is—

(a) a member of the Scottish Parliament,

(b) a member of the House of Commons,

(c) a member of the European Parliament,

(d) an office-holder in the Scottish Administration,

(e) a councillor of any local authority,

(f) an employee of any local authority.

(3) The Scottish Ministers must make appointments of members of Food Standards Scotland in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements.

(4) In subsection (3), “equal opportunities” and “equal opportunity requirements” have the same meanings as in Section L2 of Part 2 of Schedule 5 to the Scotland Act 1998.

(5) Membership is (subject to sections 7 and 18) for such period and on such terms and conditions as the Scottish Ministers may determine.

(6) A member may resign by informing the Scottish Ministers in writing to that effect.

(7) A person may be re-appointed on, or after, ceasing to be a member.

(8) The Scottish Ministers may assign to one of the members appointed under subsection (1)(b)—

(a) the function of deputising for the person appointed under subsection (1)(a),

(b) the function of chairing Food Standards Scotland during any period when there is no person appointed under subsection (1)(a).

(9) A member to whom such a function is assigned—

(a) is assigned the function for such period as the Scottish Ministers may specify in the assignment,

(b) may resign the assignment by informing the Scottish Ministers in writing to that effect,

(c) is assigned and ceases to be assigned the function in accordance with such terms and conditions as the Scottish Ministers may determine.

7 Early ending of membership

(1) A person’s membership of Food Standards Scotland ends if the person becomes—

(a) a member of the Scottish Parliament,

(b) a member of the House of Commons,

(c) a member of the European Parliament,

(d) an office-holder in the Scottish Administration,

(e) a councillor of any local authority,

(f) an employee of any local authority.

(2) The Scottish Ministers may end a person’s membership of Food Standards Scotland if—

(a) the person becomes an undischarged bankrupt, or

(b) the Scottish Ministers are satisfied that the person—

(i) has, without the permission of Food Standards Scotland, been absent from its meetings for a period longer than 6 consecutive months,

(ii) is unable to perform the functions of a member, or

(iii) is unsuitable to continue as a member.

8 Remuneration and expenses of members

(1) A member of Food Standards Scotland is entitled to—

(a) such remuneration as the Scottish Ministers may determine,

(b) such sums as the Scottish Ministers may determine to reimburse or compensate the member in relation to expenses properly incurred in the exercise of the member’s functions.

(2) It is for Food Standards Scotland to pay any remuneration and other sums to which its members are entitled by virtue of subsection (1).