(1)A person may not be appointed as a member of the Commission if that person is or has been at any time during the previous 12 months—
(a)a member of the House of Commons,
(b)a member of the Scottish Parliament,
(c)a member of the European Parliament,
(d)an officer-holder of the Scottish Administration,
(e)a councillor of any local authority.
(2)A person may not be appointed as the Tenant Farming Commissioner if that person is the owner or tenant of land subject to a relevant tenancy.
(3)In this Part “relevant tenancy” means—
(a)a tenancy to which the 1991 Act applies, or
(b)a tenancy under sections 4, 5, 5A or 5C of the 2003 Act (new types of tenancy).
(4)A person's appointment as a member ceases if, during the person's period of appointment, any of subsection (1)(a) to (e) applies to that person.
(5)A person's appointment as the Tenant Farming Commissioner ceases if, during the person's period of appointment, subsection (2) applies to that person.