I1SCHEDULE 1PUBLIC AUTHORITIES
Words in sch. 1 inserted (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 10(a); S.S.I. 2021/124, reg. 2, sch.
Words in sch. 1 inserted (1.4.2022) by Consumer Scotland Act 2020 (asp 11), s. 29(2), sch. 2 para. 8; S.S.I. 2021/464, reg. 2
Words in sch. 1 substituted (1.4.2020) by Scottish Crown Estate Act 2019 (asp 1), s. 46(2), sch. 1 para. 8; S.S.I. 2020/77, reg. 2(1), sch. 1
Words in sch. 1 inserted (1.10.2021) by UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (asp 4), s. 51(2), sch. 1 para. 15(7) (with s. 48(2)); S.S.I. 2021/304, reg. 2(b)
Words in sch. 1 repealed (14.5.2021) by Scottish Elections (Reform) Act 2020 (asp 12), s. 35, sch. para. 10(b); S.S.I. 2021/124, reg. 2, sch.
Words in sch. 1 repealed (28.6.2021) by Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (asp 15), s. 109(2), sch. 2 para. 7(2); S.S.I. 2021/234, reg. 2, sch.
Words in sch. 1 inserted (26.5.2023) by The National Smart Ticketing Advisory Board (Gender Representation on Public Boards) (Scotland) Regulations 2023 (S.S.I. 2023/156), regs. 1, 2
Words in sch. 1 inserted (28.6.2021) by Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (asp 15), s. 109(2), sch. 1 para. 24; S.S.I. 2021/234, reg. 2, sch.
Words in sch. 1 inserted (16.9.2020) by Scottish National Investment Bank Act 2020 (asp 3), s. 35(2), sch. para. 5; S.S.I. 2020/272, reg. 2
Words in sch. 1 inserted (16.10.2019) by South of Scotland Enterprise Act 2019 (asp 9), s. 24(2), sch. 2 para. 11; S.S.I. 2019/308, reg. 2
Authority | Excluded position |
|---|---|
Accounts Commission for Scotland | |
Architecture and Design Scotland (company number SC267870) | |
Board of Trustees for the National Galleries of Scotland | |
Board of Trustees of the National Museums of Scotland | |
Board of Trustees of the Royal Botanic Garden, Edinburgh | |
Bòrd na Gàidhlig | |
F4Boundaries Scotland | |
British Waterways Board | |
Cairngorms National Park Authority | Members elected under article 5(2) of the Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I. 2003/1) |
Members nominated under article 5(4) of that Order | |
Caledonian Maritime Assets Limited (company number SC001854) | |
Children's Hearings Scotland | |
A college of further education other than a regional college (within the meanings given to those terms by the Further and Higher Education (Scotland) Act 1992) | All members other than those appointed under paragraph 3A(2)(a) and (f) of schedule 2 of that Act |
A regional college (within the meaning given by the Further and Higher Education (Scotland) Act 1992) | All members other than those appointed under paragraph 3(2)(a) and (f) of schedule 2 of that Act |
Common Services Agency for the Scottish Health Service | |
Community Justice Scotland | |
F9Consumer Scotland | |
Creative Scotland | |
Crofting Commission | Members elected by virtue of paragraph 7 of schedule 1 of the Crofting Reform (Scotland) Act 2010 |
F2Crown Estate Scotland | |
David MacBrayne Limited (company number SC015304) | |
F8Environmental Standards Scotland | |
Food Standards Scotland | |
A Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978 | Councillors appointed under paragraph 2(1)(b) of schedule 1 of that Act |
Members of Health Boards mentioned in regulation 3 of the Health Boards (Membership and Procedure) (Scotland) Regulations 2001 (S.S.I. 2001/302) who hold a post in a university with a medical or dental school | |
Members appointed only by virtue of being nominated for membership | |
Healthcare Improvement Scotland | The member mentioned in paragraph 2(1)(b) of schedule 5A of the National Health Service (Scotland) Act 1978 (the person appointed to chair Social Care and Social Work Improvement Scotland) |
A higher education institution (within the meaning given by the Higher Education Governance (Scotland) Act 2016) | All members other than those appointed by the governing body (which has the same meaning as in Part II of the Further and Higher Education (Scotland) Act 1992) (for this purpose a member is not appointed by the governing body if that member is appointed only by virtue of being the winning candidate in an election for membership or by virtue of being nominated for membership by another person) |
Highlands and Islands Airports Limited (company number SC097647) | |
Highlands and Islands Enterprise | |
Historic Environment Scotland | |
ILF Scotland (company number SC500075) | |
Judicial Appointments Board for Scotland | |
F5. . . | |
Loch Lomond and the Trossachs National Park Authority | Members elected under article 5(2) of the Loch Lomond and The Trossachs National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2002 (S.S.I. 2002/201) |
Members nominated under article 5(4) of that Order | |
Mental Welfare Commission for Scotland | |
Mobility and Access Committee for Scotland | |
F7. . . | |
National Library of Scotland | The member mentioned in paragraph 2(2) of schedule 1 of the National Library of Scotland Act 2012 (the member who is selected from persons nominated by the Dean of the Faculty of Advocates) |
F10National Smart Ticketing Advisory Board | |
Newbattle Abbey College (company number SC262968) | A director nominated by the University of Aberdeen, the University of Edinburgh, the University of Glasgow or the University of St. Andrews |
A director who is also a member of the college | |
Quality Meat Scotland | |
F6Redress Scotland | |
Regional Board for Glasgow Colleges | All members other than those appointed under paragraph 3(2)(a) and (f) of schedule 2B of the Further and Higher Education (Scotland) Act 2005 |
A regional Transport Partnership created under section 1(1) of the Transport (Scotland) Act 2005 | Councillor members (mentioned in section 1(2)(b) of that Act) |
Members appointed only by virtue of being nominated for membership by a Health Board mentioned in section 6(1)(a)(ii) of that Act | |
A member appointed only by virtue of being nominated for membership by Highlands and Islands Enterprise | |
A member appointed only by virtue of being nominated for membership by Scottish Enterprise | |
Revenue Scotland | |
Risk Management Authority | |
Sabhal Mòr Ostaig (company number SC361752) | A director who is also a student of Sabhal Mòr Ostaig |
Scottish Advisory Committee on Distinction Awards | All members other than the Chair, the Medical Director and the lay representatives |
Scottish Agricultural Wages Board | Persons nominated or elected under paragraph 1(a) of schedule 1 of the Agricultural Wages (Scotland) Act 1949 (persons representing employers and workers) |
Scottish Charity Regulator | |
Scottish Children's Reporter Administration | |
Scottish Commission for Human Rights | The member appointed to chair the commission under paragraph 1(1)(a) of the Scottish Commission for Human Rights Act 2006 |
Scottish Courts and Tribunals Service | The Lord President |
The Lord Justice Clerk | |
The President of the Scottish Tribunals | |
Scottish Criminal Cases Review Commission | |
Scottish Enterprise | |
Scottish Environment Protection Agency | |
Scottish Fire and Rescue Service | |
Scottish Fiscal Commission | |
Scottish Further and Higher Education Funding Council | |
Scottish Futures Trust Limited (company number SC348382) | |
Scottish Housing Regulator | |
Scottish Land Commission | |
Scottish Legal Aid Board | |
Scottish Legal Complaints Commission | |
F3Scottish National Investment Bank p.l.c. | |
Scottish Natural Heritage | |
Scottish Police Authority | |
Scottish Qualifications Authority | |
Scottish Social Services Council | The member mentioned in regulation 2(3) of the Scottish Social Services Council (Appointments, Procedure and Access to the Register) Regulations 2001 (S.S.I. 2001/303) (the person who is the chair or a member of Social Care and Social Work Improvement Scotland) |
Scottish Sports Council | |
Scottish Water | |
Skills Development Scotland Co. Limited (company number SC202659) | |
Social Care and Social Work Improvement Scotland | The member mentioned in paragraph 2(1)(b) of schedule 11 of the Public Services Reform (Scotland) Act 2010 (the person appointed to chair Healthcare Improvement Scotland) |
The member mentioned in paragraph 2(1)(c) of that schedule (the person appointed as convener of the Scottish Social Services Council) | |
F1South of Scotland Enterprise | |
A Special Health Board constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978 | Councillors appointed under paragraph 2(1)(b) of schedule 1 of that Act |
Members appointed only by virtue of being nominated for membership | |
Standards Commission for Scotland | |
VisitScotland | |
Water Industry Commission for Scotland | |
West Highland College UHI (company number SC153921) | A director who is also a student of the college |
SCHEDULE 2APPLICATION OF ACT TO CERTAIN PUBLIC AUTHORITIES
Judicial Appointments Board for Scotland
I21
When the Lord President is making an appointment of a judicial member under paragraph 2(a) of schedule 1 of the Judiciary and Courts (Scotland) Act 2008, the Lord President must act with a view to achieving the gender representation objective in relation to the judicial members only.
I32
When the Scottish Ministers are making an appointment of a legal member or a lay member under paragraph 2(b) or (c) of that schedule, they must act with a view to achieving the gender representation objective in relation to the legal members and lay members only (taken together).
Regional Board for Glasgow Colleges
I43
When the Scottish Ministers are making an appointment under paragraph 3(2)(a) of schedule 2B of the Further and Higher Education (Scotland) Act 2005 (“schedule 2B”) they may, for the purpose of identifying the number of non-executive members, disregard a vacancy in a position mentioned in paragraph 3(2)(f) of schedule 2B.
I54
When the board mentioned in paragraph 3(2)(f) of schedule 2B is making an appointment under that paragraph, the board may, for the purpose of identifying the number of non-executive members, disregard a vacancy in a position mentioned in paragraph 3(2)(a) of schedule 2B.
Regional colleges
I65
When the Scottish Ministers are making an appointment under paragraph 3(2)(a) of schedule 2 of the Further and Higher Education (Scotland) Act 1992 (“schedule 2”) they may, for the purpose of identifying the number of non-executive members, disregard a vacancy in a position mentioned in paragraph 3(2)(f) of schedule 2.
I76
When the board mentioned in paragraph 3(2)(f) of schedule 2 is making an appointment under that paragraph, the board may, for the purpose of identifying the number of non-executive members, disregard a vacancy in a position mentioned in paragraph 3(2)(a) of schedule 2.
Scottish Criminal Cases Review Commission
I87
For the purposes of the application of this Act in relation to appointments to the Scottish Criminal Cases Review Commission—
a
the Scottish Ministers, in making a recommendation under section 194A(4) of the Criminal Procedure (Scotland) Act 1995, are to be treated as the appointing person (instead of Her Majesty), and
b
references in this Act to the making of an appointment are to be construed as references to the making of a recommendation under that section.
Sch. 1 in force at 1.12.2018 by S.S.I. 2018/340, reg. 2