Initial members: transitional provision
203.Paragraph 14 allows for a body to be established before the commencement date (which is the day on which section 19 (establishing Environmental Standards Scotland) comes into force). It will be known as the “non-statutory Environmental Standards body”. This provision is subject to the Scottish Parliament (by resolution) endorsing the establishment of the body by that name, and approving the appointment of the persons nominated to be its chair and other members(7). This paragraph also appoints the Chair of the non-statutory Environmental Standards body immediately before commencement date as the member to chair Environmental Standards Scotland.
204.Ordinary members of the non-statutory Environmental Standards body immediately before the commencement date are taken to be appointed as members of Environmental Standards Scotland. Appointment periods for initial members will continue to be the same as that for which they had been appointed as members of the non-statutory Environmental Standards body. Therefore, their appointment as a member expires at the time at which the period of their appointment as a member of the non-statutory Environmental Standards body would have expired.
205.Unless exceptions are agreed between the Scottish Ministers and an initial member, the other terms of a member’s appointment will continue to be the same terms as those on which the member had been appointed as a member of the non-statutory Environmental Standards body, so far as consistent with the Act.
A motion to this effect was passed by the Scottish Parliament on 23 December 2020, available via this web link.