Prospective
(1)Schedule 1 of the 1993 Act (the Crofting Commission) is modified as follows.
(2)In paragraph 3—
(a)in sub-paragraph (1), for “sub-paragraph (2)” substitute “sub-paragraphs (2) and (5A)”,
(b)in sub-paragraph (2), after “under” insert “sub-paragraph (5A),”,
(c)for sub-paragraph (3) substitute—
“(3)The Scottish Ministers must appoint a person to chair the Commission (the “chair”).
(3A)The person appointed under sub-paragraph (3) may be—
(a)a person who is already—
(i)an appointed member of the Commission (in which case the person remains an appointed member on appointment as the chair), or
(ii)an elected member of the Commission (in which case the person remains an elected member on appointment as the chair), or
(b)a person who is not already a member of the Commission (in which case the person becomes an appointed member on appointment as the chair).”,
(d)in sub-paragraph (4), for “select a member” substitute “appoint a person”,
(e)after sub-paragraph (4), insert—
“(4A)But where the duty to appoint a person to chair the Commission is delegated under sub-paragraph (4), the Commission may only appoint a person who is already—
(a)an appointed member of the Commission (in which case the person remains an appointed member on appointment as the chair), or
(b)an elected member of the Commission (in which case the person remains an elected member on appointment as the chair).”,
(f)after sub-paragraph (5), insert—
“(5A)Despite sub-paragraph (1), where the Commission consists of the maximum number of members specified in that sub-paragraph and the chair—
(a)resigns office but does not otherwise cease to be a member of the Commission, and
(b)is not replaced as the chair by a person who is already a member of the Commission,
the Scottish Ministers may appoint a person who is not already a member of the Commission (in which case the person also becomes an appointed member).
(5B)Where a person is appointed as the chair of the Commission who was not already a member of the Commission at the time of their appointment as the chair, the person’s membership of the Commission ends when the person ceases to be the chair.”.
Commencement Information
I1S. 51 not in force at Royal Assent, see s. 66(2)