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

Criteria for appointment

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).