Good Food Nation (Scotland) Act 2022

PART 5 Members

Commission composition

12 (1) The Commission is to consist of—

(a) a member to chair it, and

(b) at least 2 but no more than 4 other members.

(2) The Scottish Ministers may by regulations amend sub-paragraph (1)(b) so as to alter the maximum number of members.

Appointment of members

13 (1) The Scottish Ministers are to appoint—

(a) the chairing member, and

(b) the ordinary members.

(2) Appointments are to be made in accordance with regulations made by the Scottish Ministers.

(3) A person may be appointed more than once.

(4) A person who is disqualified from being a member may not be appointed (see paragraph 17).

(5) Regulations under sub-paragraph (2) may in particular—

(a) specify qualifications and experience that a person must have in order to be appointed,

(b) require appointments to be made so that a board includes a member who fulfils criteria specified in the regulations,

(c) require that regard is had when making appointments to the desirability of a board including a member who fulfils criteria specified in the regulations.

(6) Criteria, for the purpose of sub-paragraph (5)(b) and (c), may include criteria about a person’s—

(a) having certain qualifications or experiences,

(b) holding a certain office,

(c) being representative of certain interests.

Members’ tenure and other terms and conditions

14 (1) A person’s membership of the Commission continues until the end of the period of appointment (subject to paragraph 16).

(2) In sub-paragraph (1), “the period of appointment” means the period specified by the Scottish Ministers on appointing the person as a member.

(3) The Scottish Ministers may determine other terms and conditions of membership, in relation to matters not covered by this schedule.

Members’ remuneration, allowances and pensions

15 (1) The Scottish Ministers may—

(a) pay members of the Commission remuneration and allowances (including expenses),

(b) pay, or make arrangements for the payment of, pensions, allowances and gratuities to, or in respect of, any person who is or has been a member of the Commission.

(2) The arrangements referred to in sub-paragraph (1)(b) may include—

(a) making payments towards the provision of those pensions, allowances and gratuities,

(b) providing and maintaining schemes for the payment of those pensions, allowances and gratuities.

(3) The reference in sub-paragraph (1)(b) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.

Early termination of membership

16 (1) A person’s membership of the Commission ends if—

(a) the person resigns by written notice given to the Scottish Ministers,

(b) the person becomes disqualified from being a member (see paragraph 17), or

(c) the Scottish Ministers give the person written notice that the person is removed from the Commission.

(2) The Scottish Ministers may remove a member of the Commission by virtue of sub-paragraph (1)(c) only if they consider that the member is—

(a) unfit to continue to be a member, or

(b) unable to exercise the member’s functions.

Disqualification from membership

17 (1) A person is disqualified from being a member of the Commission if the person is—

(a) disqualified from being a member by virtue of section 19 of the Ethical Standards in Public Life etc. (Scotland) Act 2000,

(b) disqualified from being the director of a company registered under the Companies Act 2006 in Great Britain.

(2) The Scottish Ministers may by regulations modify this paragraph to add or remove descriptions of persons disqualified from being a member of the Commission.

(3) Regulations under sub-paragraph (2) may not repeal sub-paragraph (1)(a).