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

Initial members: transitional provision

14 (1) This paragraph applies if—

(a) before the commencement date, a body known as Environmental Standards Scotland is established (the “non-statutory Environmental Standards body”) in pursuance of a resolution of the Scottish Parliament—

(i) endorsing the establishment of the body by that name, and

(ii) approving the appointment of persons nominated to be its chairing and other members, and

(b) the body is still in existence immediately before the commencement date.

(2) The person who was, immediately before the commencement date, the chairing member of the non-statutory Environmental Standards body is, on that date, taken to have been appointed under paragraph 2(1)(a) as the member to chair Environmental Standards Scotland.

(3) Any person who was, immediately before the commencement date, a member (other than the chairing member) of the non-statutory Environmental Standards body is, on that date, taken to have been appointed under paragraph 2(1)(b) as a member of Environmental Standards Scotland.

(4) A person to whom sub-paragraph (2) or (3) applies is referred to in this paragraph as an “initial member”.

(5) An initial member’s period of appointment as a member—

(a) is to continue to be the same as that for which the member had been appointed as a member of the non-statutory Environmental Standards body, and

(b) accordingly expires at the time at which the period of appointment as a member of the non-statutory Environmental Standards body would have expired.

(6) Except as may be agreed between the Scottish Ministers and an initial member, the other terms of the member’s appointment are to continue to be the same as the terms on which the member had been appointed as a member of the non-statutory Environmental Standards body so far as consistent with this Act.

(7) In this paragraph, “commencement date” means the day on which section 19 comes into force.