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UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021


190.Paragraph 2 provides for Scottish Ministers to appoint a Chair to Environmental Standards Scotland, with a further 4 to 6 appointments of ordinary members. Appointments are subject to approval by the Scottish Parliament. When making appointments, Scottish Ministers must have regard to the desirability of ensuring that the membership, as a whole, has expertise and experience in law (including international law) relating to the natural environment, environmental science, environmental policy, and, investigatory and enforcement proceedings. Appointments may not be held by an individual for more than a 4-year period. However, a member of Environmental Standards Scotland may be reappointed if the individual is a member at the time of reappointment or, has ceased to be a member not more than three months before the date of reappointment. Members of Environmental Standards Scotland may only be reappointed once.

191.Scottish Ministers may apply further terms and conditions of membership as appropriate, and regulations may be made, subject to the negative procedure, to amend the number of members that can be appointed.

192.Paragraph 3 sets out a list of types of persons that cannot be appointed as a member of Environmental Standards Scotland because of the roles they hold. It also sets out exclusions for insolvent or disqualified persons.

193.Paragraph 4 allows for Environmental Standards Scotland, with the approval of the Scottish Ministers, to pay its members and the members of any committee established by it. This includes expenses incurred by members carrying out their functions.

194.Paragraph 5 establishes that membership of Environmental Standards Scotland ends if: the member provides written notice to the Scottish Ministers and Presiding Officer of the Scottish Parliament that the member resigns; the individual becomes disqualified from being a member for the reasons set out in paragraph 3, or the Scottish Ministers provide written notice informing a member they are to be removed. Where Scottish Ministers propose to give a member (excluding the Chair) notice under sub-paragraph (1)(c) that they are to be removed from being a member, the Scottish Ministers must consult the Chair of Environmental Standards Scotland. The Scottish Ministers may only remove a member with approval from the Scottish Parliament.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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