Public Appointments and Public Bodies etc. (Scotland) Act 2003

SCHEDULE 3 The Advisory Council

(introduced by section 15)

Status

1 The Advisory Council is a body corporate.

2 The Advisory Council—

(a) is not to be regarded as a servant or agent of the Crown;

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

and its property is not to be regarded as property of, or property held on behalf of, the Crown.

Membership

3 (1) The Advisory Council is to consist of such members as the Scottish Ministers may appoint.

(2) The Scottish Ministers are to appoint one of the members to chair meetings of the Advisory Council.

(3) Each member—

(a) is to be appointed for such period as is specified in the terms of appointment; and

(b) holds and vacates office in accordance with those terms.

Allowances etc.

4 (1) Members of the Advisory Council are entitled to such allowances as the Scottish Ministers may approve.

(2) The member appointed to chair meetings of the Advisory Council is entitled to such remuneration as the Scottish Ministers may approve.

Proceedings

5 (1) The Advisory Council may, subject to sub-paragraphs (2) and (3), regulate its own procedure.

(2) The Scottish Ministers may give directions to the Advisory Council as to its procedure; and the Advisory Council must comply with any such directions.

(3) A member who is in any way directly or indirectly interested in any matter which is brought up for consideration at a meeting of the Advisory Council must disclose the nature of the interest to the meeting and, where such a disclosure is made—

(a) the disclosure must be recorded in the minutes of the meeting; and

(b) the member must not take any part in any deliberation or decision of the Advisory Council with respect to the matter.

(4) The validity of any proceedings of the Advisory Council is not affected by any vacancy in membership nor any defect in the appointment of a member.

Reports

6 The Advisory Council must annually prepare a report on the exercise of its functions and send a copy of the report to the Scottish Ministers; and the Scottish Ministers must lay a copy of the report before the Parliament.

Functions: supplementary provision

7 (1) The Advisory Council may, subject to sub-paragraph (2), do anything which appears necessary or expedient for the purpose of or in connection with the exercise of its functions and, in particular, it may—

(a) acquire and dispose of property; and

(b) enter into contracts.

(2) The Advisory Council may not—

(a) acquire heritable property; or

(b) appoint staff.