Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025

Prospective

Schedule S Domestic homicide and suicide reviews: public appointments

(introduced by section 16)

Offices to which this schedule applies S

1 In this schedule, “relevant office” means—

(a) the chair of the review oversight committee appointed by virtue of section 14(2)(a),

(b) the deputy chair of the committee appointed by virtue of section 14(2)(b),

(c) a case review panel chair appointed under section 15(2),

and “relevant office-holder” is to be construed accordingly.

Commencement Information

I1 Sch. para. 1 not in force at Royal Assent, see s. 34(4)

Status S

2 A relevant office-holder—

(a) is not a servant or agent of the Crown, and

(b) does not enjoy any status, immunity or privilege of the Crown.

Commencement Information

I2 Sch. para. 2 not in force at Royal Assent, see s. 34(4)

Criteria for appointment S

3 (1) An individual may not be appointed to hold a relevant office if the individual is or, within the year preceding the date on which the appointment is to take effect, has been—

(a) a member of the Scottish Parliament,

(b) a member of the House of Commons,

(c) a member of the House of Lords,

(d) a councillor, employee or appointee of a local authority,

(e) a civil servant,

(f) a person who is, or who is a member, employee or appointee of—

(i) the Lord Advocate,

(ii) the chief constable of the Police Service of Scotland,

(iii) the Police Investigations and Review Commissioner,

(iv) the Scottish Courts and Tribunals Service,

(v) the Parole Board for Scotland,

(vi) the Risk Management Authority,

(vii) the Scottish Social Services Council,

(viii) a health board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978,

(ix) a special health board constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978,

(g) a person who is a director, employee or appointee of Social Work Scotland Ltd. (company number SC317274).

(2) In making an appointment under section 14(2) or 15(2), the Scottish Ministers must have regard to the desirability of a relevant office-holder not being and, within the year preceding the date on which the appointment is to take effect, not having been a member, employee or appointee of an organisation which Ministers consider—

(a) has as its aim, or as one of its primary aims, the provision of support to victims of crime, or

(b) is involved in overseeing the provision of services to victims of abusive domestic behaviour.

(3) The Scottish Ministers may by regulations modify sub-paragraph (1) or (2) so as to add a person, vary the description of a person, or remove a person.

(4) Before making regulations under sub-paragraph (3), the Scottish Ministers must consult such persons (if any) as they consider appropriate.

(5) In this paragraph, “abusive domestic behaviour” means abusive behaviour by person A towards person B, within the meaning of section 12(2).

Commencement Information

I3 Sch. para. 3 not in force at Royal Assent, see s. 34(4)

Tenure S

4 Subject to paragraph 5—

(a) an individual appointed to a relevant office holds office for a period of 5 years,

(b) an individual’s period of appointment may be extended by the Scottish Ministers (on one or more occasions), provided that the total period by which the appointment is extended does not exceed 1 year,

(c) an individual may be reappointed to a relevant office, provided that the individual’s total period of appointment to the office (including any extension under paragraph (b)) does not exceed 8 years.

Commencement Information

I4 Sch. para. 4 not in force at Royal Assent, see s. 34(4)

Early termination S

5 The appointment of an individual to a relevant office ends—

(a) in accordance with any written notice of resignation given by the individual to the Scottish Ministers in respect of the office,

(b) if the individual becomes disqualified from being appointed to the office under paragraph 3(1),

(c) if the individual is removed from office by the Scottish Ministers giving notice in writing to the individual on the grounds that the Scottish Ministers consider that the individual is—

(i) unable to perform the functions of the office,

(ii) unsuitable to continue to hold the office.

Commencement Information

I5 Sch. para. 5 not in force at Royal Assent, see s. 34(4)

Remuneration and allowances S

6 (1) The Scottish Ministers may pay a relevant office-holder such remuneration and allowances (including expenses) as the Scottish Ministers determine.

(2) The Scottish Ministers must indemnify relevant office-holders in respect of any liabilities incurred by them in the exercise of their functions.

Commencement Information

I6 Sch. para. 6 not in force at Royal Assent, see s. 34(4)

Other terms and conditions S

7 The Scottish Ministers may, subject to any provision made by this Act, determine the terms and conditions on which a relevant office-holder is appointed.

Commencement Information

I7 Sch. para. 7 not in force at Royal Assent, see s. 34(4)

Validity of things done S

8 The validity of anything done by a relevant office-holder is not affected by—

(a) a defect in the individual’s appointment,

(b) the disqualification of an individual after appointment.

Commencement Information

I8 Sch. para. 8 not in force at Royal Assent, see s. 34(4)

Review oversight committee: appointment of temporary chair S

9 (1) The Scottish Ministers may appoint an individual (who may be a member of the review oversight committee) to carry out the functions of the chair of the committee during any period when both—

(a) there is no chair, or the chair is unable to act, and

(b) there is no deputy chair, or the deputy chair is unable to act.

(2) In relation to the making of an appointment under sub-paragraph (1)—

(a) an individual who is disqualified for appointment as the chair of the committee is also disqualified for appointment under sub-paragraph (1),

(b) paragraph 3(2) applies to an appointment under sub-paragraph (1) as it applies to the appointment of a relevant office-holder.

(3) An individual appointed under sub-paragraph (1)—

(a) may be dismissed by the Scottish Ministers at any time,

(b) may resign at any time by giving written notice to the Scottish Ministers to that effect,

(c) is appointed on such terms and conditions (including as to remuneration) as the Scottish Ministers determine.

Commencement Information

I9 Sch. para. 9 not in force at Royal Assent, see s. 34(4)