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The Scottish Parliament (Disqualification) Order 2007

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Scottish Parliament (Disqualification) Order 2007 No. 285

  1. Introductory Text

  2. 1.Citation and commencement

  3. 2.Specified Office-Holders

  4. 3.An office-holder of a description specified in column 1 of...

  5. 4.Revocation of the Scottish Parliament (Disqualification) Order 2003

  6. Signature

    1. SCHEDULE

      1. PART I OFFICE-HOLDERS DISQUALIFIED FROM BEING A MEMBER OF THE SCOTTISH PARLIAMENT

        1. Any constable seconded to the Scottish Police Services Authority

        2. Any member of the Advisory Committee on Hazardous Substances established...

        3. Any member of the Accounts Commission for Scotland

        4. Any member of the Adult Learning Inspectorate

        5. Any member of an Agricultural Marketing Board appointed under section...

        6. Any member appointed by a Minister of the Crown of...

        7. Any member appointed by the Scottish Ministers of the Scottish...

        8. Any member appointed by the Head of the Department of...

        9. Any member of the Aircraft and Shipbuilding Industries Arbitration Tribunal...

        10. Any member of the Antarctic Act Tribunal established under regulations...

        11. Any member of an Arbitration Tribunal established under Schedule 3...

        12. Any member of the Asylum and Immigration Tribunal

        13. Any member of the Audit Commission for Local Authorities and...

        14. Any member of Audit Scotland appointed under section 10(2)(c) of...

        15. Any member of the Bòrd na Gàidhlig

        16. Any member of the Beef Assurance Scheme Membership Panel

        17. Any member of the Board of the Gangmasters Licensing Authority...

        18. Any member of the Board of the Pension Protection Fund...

        19. Any member of the Board and any employee of the...

        20. Any member of the Boundary Commission for Scotland or any...

        21. Any member of the British Board of Agrément

        22. Any member of the British Broadcasting Corporation

        23. Any member of the British Railways Board

        24. Any member of British Shipbuilders

        25. Any member, in receipt of remuneration, of the British Tourist...

        26. Any member of the British Waterways Board

        27. Any member of the Broadcasting Standards Commission

        28. Any member of the Care Standards Tribunal

        29. Any member of the Central Arbitration Committee

        30. Any member of the Channel Four Television Corporation

        31. Any member of the Children and Family Court Advisory and...

        32. Any member of the Civil Aviation Authority

        33. Any member of the Civil Nuclear Police Authority

        34. Any member of the Civil Service Arbitration Tribunal

        35. Any member of the Coal Authority

        36. Any member of the Commission for Equality and Human Rights...

        37. Any member of the Commission on Human Medicines and of...

        38. Any member of the Commission for Local Administration in England...

        39. Any member of the Commission for Racial Equality

        40. Any member of the Competition Commission

        41. Any member of the Competition Appeal Tribunal

        42. Any member of the Consumer Council for Postal Services

        43. Any member of the Copyright Tribunal

        44. Any member of the Council of the Advisory, Conciliation and...

        45. Any member of the Council for the Regulation of Health...

        46. Any member of the Council on Tribunals

        47. Any member of the Criminal Cases Review Commission

        48. Any member of the Crown Estate Commissioners

        49. Any member of a Dairy Produce Quota Tribunal constituted under...

        50. Any member of the Determinations Panel established by the Pensions...

        51. Any member of a Development Council established under the Industrial...

        52. Any member of the Disability Employment Advisory Committee

        53. Any member of the Disability Living Allowance Advisory Board

        54. Any member of the Disability Living Allowance Advisory Board for...

        55. Any member of the Disability Rights Commission

        56. Any member of the Electoral Commission

        57. Any member of the staff of the Electoral Commission

        58. Any member of the Employment Appeal Tribunal

        59. Any member of the Environment Agency

        60. Any member of Equality 2025

        61. Any member of the Equal Opportunities Commission

        62. Any member of the Fair Employment Tribunal for Northern Ireland...

        63. Any member of the Foreign Compensation Commission

        64. Any member of the Gambling Appeals Tribunal

        65. Any member of the Gambling Commission

        66. Any member of the Health and Safety Executive

        67. Any member of Highlands and Islands Enterprise

        68. Any member of the Human Fertilisation and Embryology Authority

        69. Any member of the Independent Broadcasting Authority

        70. Any member of the Independent Police Complaints Commission

        71. Any member of the Independent Television Commission

        72. Any member of an Industrial Court established in Northern Ireland...

        73. Any member of the Industrial Injuries Advisory Council

        74. Any member of the Information Tribunal

        75. Any member of Invest Northern Ireland

        76. Any member of a Joint Planning Inquiry Commission constituted under...

        77. Any member of the Lands Tribunal

        78. Any member of the Lands Tribunal for Northern Ireland

        79. Any member of the Lands Tribunal for Scotland

        80. Any member of the Learning and Skills Council for England...

        81. Any member of the Local Government Boundary Commission for Scotland...

        82. Any member of the Low Pay Commission appointed under section...

        83. Any member of the Meat and Livestock Commission

        84. Any member of a Meat Hygiene Appeals Tribunal constituted under...

        85. Any member of a Medical Appeal Tribunal for Northern Ireland...

        86. Any member of a Mental Health Review Tribunal constituted or...

        87. Any member of the Mental Health Review Tribunal for Northern...

        88. Any member of the Mental Welfare Commission for Scotland

        89. Any member of the Monetary Policy Committee of the Bank...

        90. Any member of the staff of the National Audit Office...

        91. Any member of a National Broadcasting Council

        92. Any member of the National Employment Panel

        93. Any member of the National Lottery Commission

        94. Any member of the National Policing Improvement Agency

        95. Any member of the National Radiological Protection Board

        96. Any member of the staff of the Northern Ireland Audit...

        97. Any member of the Northern Ireland Economic Council

        98. Any member of the Northern Ireland Housing Executive

        99. Any member of the Northern Ireland Legal Services Commission

        100. Any member of the Nuclear Decommissioning Authority

        101. Any member of the Office of Communications

        102. Any member of the Oil and Pipelines Agency

        103. Any member of the Parades Commission for Northern Ireland

        104. Any member of the Parole Board for Scotland

        105. Any member of a Pensions Appeal Tribunal

        106. Any member in receipt of remuneration of a panel of...

        107. Any member of the Pensions Regulator

        108. Any member of a Planning Inquiry Commission constituted under Part...

        109. Any member of the Police Complaints Authority

        110. Any member of the Police Information Technology Organisation in receipt...

        111. Any member of the Postal Services Commission

        112. Any member of the Probation Board for Northern Ireland

        113. Any member of the Radio Authority

        114. Any member of a residuary body established by virtue of...

        115. Any member of the Review Board for Government Contracts

        116. Any member of the Risk Management Authority

        117. Any member of a Rural Development Board

        118. Any member of the Scottish Children’s Reporter Administration

        119. Any member of the Scottish Commission for Human Rights

        120. Any member of the Scottish Committee of the Council on...

        121. Any member of the Scottish Criminal Cases Review Commission

        122. Any member of Scottish Enterprise

        123. Any member of the Scottish Environment Protection Agency

        124. Any member of the Scottish Further and Higher Education Funding...

        125. Any member of the Scottish Land Court

        126. Any member of the Scottish Law Commission

        127. Any member of the Scottish Legal Aid Board

        128. Any member of Scottish Natural Heritage

        129. Any member of the Scottish Qualifications Authority

        130. Any member of the Scottish Social Services Council

        131. Any member of Scottish Water

        132. Any member of the Sea Fish Industry Authority

        133. Any member of the Sea Fish Licence Tribunal

        134. Any member of and any member of the staff of...

        135. Any member of Seirbheis nam Meadhanan Gàidhlig

        136. Any member of the Sianel Pedwar Cymru

        137. Any member of the Social Security Advisory Committee

        138. Any member of the Spongiform Encephalopathy Advisory Committee

        139. Any member of the Standards Commission for Scotland

        140. Any member of the staff of the State Pathology Service...

        141. Any member of the Strategic Rail Authority

        142. Any member of the Sustainable Development Commission

        143. Any member of the Training and Employment Agency Advisory Board...

        144. Any member of the Transport Tribunal

        145. Any member of the Tribunal established under section 65 of...

        146. Any member of the United Kingdom Atomic Energy Authority (within...

        147. Any member of the Water Appeals Commission for Northern Ireland...

        148. Any member of a Water Customer Consultation Panel established for...

        149. Any member of the Water Industry Commission for Scotland

        150. Any police member of the Scottish Crime and Drug Enforcement...

        151. Any non-executive director of the Scottish Prison Service

        152. Adjudicator appointed under section 5 of the Criminal Injuries Compensation...

        153. Adjudicator of the Criminal Injuries Compensation Appeals Panel for Northern...

        154. Adjudicator appointed by the Commissioners for Her Majesty’s Revenue and...

        155. Advocate Depute (not being the Solicitor General for Scotland) appointed...

        156. Ambassador or Permanent Representative to an international organisation representing Her...

        157. Assessor appointed for the purposes of paragraph 9 of Schedule...

        158. Assessor appointed for the purposes of section 133 of the...

        159. Assessor of Public Undertakings (Scotland)

        160. Any Assistant Commissioner appointed under Part II of the Local...

        161. Attorney General of the Duchy of Lancaster

        162. Auditor of the Civil List

        163. Auditor of the Court of Session

        164. The Auditor General for Scotland

        165. The Auditor General for Wales and any member of the...

        166. Certification Officer or any assistant Certification Officer

        167. Certification Officer for Northern Ireland appointed under Article 69 of...

        168. Chairman of an Agricultural Land Tribunal or member of a...

        169. Chairman or Vice Chairman of the Arts Council of Northern...

        170. Chairman, and any member in receipt of remuneration, of the...

        171. Chairman or Director General of the British Council

        172. Chairman of the British Library Board

        173. Chairman of the British Potato Council

        174. Chairman, Deputy Chairman and any member of the British Transport...

        175. Chairman of the Chief Executives' Forum in Northern Ireland

        176. Full time Chairman of Child Support Appeal Tribunals for Northern...

        177. Chairman or Deputy Chairman of the Civil Service Appeal Board...

        178. Chairman of the Consumer Committee for Electricity appointed under Article...

        179. Chairman and any member of the Consumer Council for Water...

        180. Chairman and Deputy Chairman of the Countryside Agency (formerly named...

        181. Chairman of the Covent Garden Market Authority

        182. Chairman of the Crofters Commission appointed under section 1(4) of...

        183. Chairman of the Deer Commission for Scotland

        184. Chairman and any other member of the Distinction and Meritorious...

        185. Chairman of English Nature

        186. Chairman of the Fire Authority for Northern Ireland

        187. Chairman of Food from Britain

        188. Chairman, any deputy chairman and any non-executive member of the...

        189. Chairman and any other member of the Gas and Electricity...

        190. Chairman and any other member of the Gas and Electricity...

        191. Chairman and Deputy Chairman of the General Consumer Council for...

        192. Chairman or any member, not being also an employee, of...

        193. Chairman, Deputy Chairman and any member, not being an employee,...

        194. Chairman of the Health and Safety Agency for Northern Ireland...

        195. Chairman and any member of the Health and Safety Commission...

        196. Chairman of the Higher Education Funding Council for England

        197. Chairman of the Home Grown Cereals Authority

        198. Chairman of the Horticultural Development Council

        199. Chairman of Horticulture Research International

        200. Chairman and any member of the Human Tissue Authority

        201. Paid Chairman of an Industrial Training Board constituted under the...

        202. Chairman of the Inland Waterways Amenity Advisory Council

        203. Chairman of Investors in People UK

        204. Chairman of the Joint Nature Conservation Committee

        205. Chairman of Learning and Teaching Scotland

        206. Chairman of the Livestock and Meat Commission for Northern Ireland...

        207. Chairman of the Milk Development Council

        208. Chairman or Deputy Chairman of the National Consumer Council

        209. Chairman of the National Endowment for Science, Technology and the...

        210. Chairman of the National Forest Company

        211. Chairman of the National Lottery Charities Board and any chairman...

        212. Chairman of the New Opportunities Fund and, if in receipt...

        213. Chairman of the Northern Ireland Civil Service Appeal Board

        214. Chairman of the Northern Ireland Community Relations Council

        215. Chairman of, or secretary to, the Northern Ireland Local Government...

        216. Chairman or Vice Chairman of the Northern Ireland Policing Board...

        217. Chairman or director of the Northern Ireland Transport Holding Company,...

        218. Chairman and any deputy chairmen of the Police Advisory Board...

        219. Chairman and any deputy chairmen of the Police Negotiating Board...

        220. Chairman of a regional flood defence committee established under section...

        221. Chairman and any member of the Office of Rail Regulation...

        222. Chairman and any Board member of the Qualifications and Curriculum...

        223. Chairman of the Quality Improvement Agency

        224. Chairman and any other member of a Rail Passengers' Council...

        225. Chairman and Chief Executive of Remploy Limited

        226. Chairman of the Rural Development Council for Northern Ireland

        227. Chairman of the Scottish Arts Council

        228. Chairman and any member of the Scottish Dental Practice Board...

        229. Chairman of the Scottish Sports Council

        230. Chairman or Chief Executive of Scottish UfI Trust or of...

        231. Chairman of the tribunal constituted under section 706 of the...

        232. Chairman of the United Kingdom Sports Council

        233. Chairman and any member of the Water Services Regulation Authority...

        234. Chairman of the Women’s Royal Voluntary Service

        235. Chairman or Vice Chairman of the Youth Council for Northern...

        236. Chief Adjudication Officer appointed for Northern Ireland under section 37...

        237. Chief Asylum Support Adjudicator, Deputy Chief Asylum Support Adjudicator and...

        238. Chief Child Support Officer appointed under Article 15(3) of the...

        239. Chief Commissioner and other Commissioners of the Equality Commission for...

        240. Chief Commissioner and other Commissioners of the Northern Ireland Human...

        241. Chief Electoral Officer for Northern Ireland or any whole time...

        242. Chief Executive of the Simpler Trade Procedures Board

        243. Chief Executive and any member of the Scottish Police Services...

        244. Chief Inspector of Criminal Justice in Northern Ireland

        245. Chief Investigating Officer appointed under section 9 of the Ethical...

        246. Chief Officer of a Community Justice Authority

        247. Children’s Commissioner and any member of the staff of that...

        248. Civil Service Commissioner

        249. Civil Service Commissioner for Northern Ireland

        250. Clerk or deputy clerk of a district council in Northern...

        251. Commissioner for Children and Young People in Scotland

        252. Commissioner of the Independent International Commission on Decommissioning

        253. Commissioner of the Independent Commission for the Location of Victims'...

        254. Commissioner of the Independent Monitoring Commission

        255. Commissioner or Assistant Commissioner appointed under section 50(1) or (2)...

        256. Additional Commissioner of the Commission for Racial Equality

        257. Additional Commissioner of the Equal Opportunities Commission

        258. Commissioner and any Additional Commissioners for the purposes of hearing...

        259. Commissioner for Protection Against Unlawful Industrial Action

        260. Commissioner for Public Appointments

        261. Commissioner for Public Appointments in Scotland

        262. Commissioner for Public Appointments for Northern Ireland

        263. Commissioner for the Rights of Trade Union Members

        264. Commons Commissioner

        265. Comptroller and Auditor General

        266. Comptroller and Auditor General for Northern Ireland

        267. Controller of Audit appointed under section 97(4) of the Local...

        268. Controller of Audit appointed under paragraph 7(1) of Schedule 1...

        269. Convener and any member of the Advisory Council established under...

        270. Convener and any member of the Scottish Commission for the...

        271. Counsel to the Secretary of State under the Private Legislation...

        272. Crown Solicitor for Northern Ireland

        273. Deputy Electoral Commissioners and Assistant Electoral Commissioners

        274. Director of the British Aerospace Public Limited Company appointed subject...

        275. Director of British Nuclear Fuels plc

        276. Director of Caledonian Maritime Assets Limited

        277. Director of a Company which for the time being holds...

        278. Director of a company– (a) which within the meaning of...

        279. Director of David MacBrayne Ltd

        280. Director of Fair Access

        281. Director of Highlands and Islands Airports Limited

        282. Director of International Military Services Limited

        283. Director of Northern Ireland Railways Company Limited

        284. Director of a publicly controlled company (within the meaning of...

        285. Director of the Post Office company (within the meaning of...

        286. Director, or Deputy Director, of Public Prosecutions for Northern Ireland...

        287. Director General of Electricity Supply for Northern Ireland

        288. Director General of Fair Trading

        289. Director General of Gas for Northern Ireland

        290. Director General of the National Economic Development Office

        291. Director General of the National Lottery

        292. Director General and Deputy Director General of the Scottish Crime...

        293. Director General of Telecommunications

        294. District Judge appointed under section 6 of the County Courts...

        295. The Drinking Water Quality Regulator for Scotland

        296. The Forestry Commissioners and any member of the staff of...

        297. Government Chemist

        298. Governor, Lieutenant Governor and Secretary, or Captain of Invalids of...

        299. The Governor or Administrator of an overseas territory within the...

        300. Governor, Deputy Governor or Director of the Bank of England...

        301. Governor, Medical Officer or other officer or member of the...

        302. Health Service Commissioner for England

        303. Her Majesty’s Chief Inspector of Constabulary appointed under section 54(1)...

        304. Her Majesty’s Chief Inspector of Constabulary for Scotland appointed under...

        305. Her Majesty’s Chief Inspector of Fire Services for Scotland

        306. Her Majesty’s Chief Inspector of Prisons for Scotland

        307. High Commissioner representing Her Majesty’s Government in the United Kingdom...

        308. Immigration Services Commissioner appointed under section 83(2) of the Immigration...

        309. Independent Assessor of Military Complaints Procedures in Northern Ireland

        310. Independent Assessor for Police Service Northern Ireland Recruitment Vetting

        311. Independent Case Examiner for the Child Support Agency

        312. Information Commissioner

        313. Intelligence Services Commissioner appointed under section 59 of the Regulation...

        314. Interception of Communications Commissioner appointed under section 57 of the...

        315. The International Rail Regulator

        316. Judge Advocate of the Fleet

        317. Judge Advocate General, Vice Judge Advocate General, Assistant Judge Advocate...

        318. Lay Observer appointed under Article 42 of the Solicitors (Northern...

        319. The Legal Services Ombudsman

        320. Lyon Clerk

        321. Lyon King of Arms

        322. Member of a panel of chairmen for Child Support Appeal...

        323. Member of a panel of persons appointed to act as...

        324. Member, in receipt of remuneration, of a panel of persons...

        325. Member of the legal panel of persons available to act...

        326. Member of the legal panel of persons available to act...

        327. Member of a panel of persons appointed under Schedule 10...

        328. Member of a panel of persons appointed under Schedule 5...

        329. Member of the panel of chairmen for Social Security Appeal...

        330. Member of a panel of persons appointed under section 6...

        331. Northern Ireland Commissioner for Complaints

        332. Northern Ireland Commissioner for Protection Against Unlawful Industrial Action

        333. Northern Ireland Commissioner for the Rights of Trade Union Members...

        334. Northern Ireland Parliamentary Commissioner for Administration

        335. Officer or servant of the Crown Estate Commissioners

        336. Officer, clerk or servant appointed or employed under section 20...

        337. Officer of the Supreme Court being the holder of any...

        338. Parliamentary Commissioner for Administration

        339. Parliamentary Commissioner for Standards

        340. Pensions Ombudsman and any deputy appointed under section 145A of...

        341. Pension Protection Fund Ombudsman and any deputy appointed under section...

        342. Person appointed under section 3(1) of the Local Government and...

        343. Person appointed under section 19E of the Race Relations Act...

        344. Person appointed to hear and determine appeals under the Trade...

        345. Person on the list of those eligible to sit as...

        346. Person holding a politically restricted post, within the meaning of...

        347. Police Complaints Commissioner for Scotland appointed under section 33 of...

        348. Police Ombudsman for Northern Ireland

        349. President of appeals tribunals (within the meaning of chapter I...

        350. President of the Employment Tribunals (England and Wales), President of...

        351. President and any member of the Mental Health Tribunal for...

        352. President or Vice President of the Rent Assessment Panel for...

        353. President of Social Security Appeal Tribunals, Medical Appeal Tribunals and...

        354. President of the Special Educational Needs and Disability Tribunal or...

        355. President or Vice-President of Value Added Tax Tribunals or full-time...

        356. Prisoner Ombudsman for Northern Ireland

        357. Public Services Ombudsman for Wales

        358. Public Works Loan Commissioner

        359. Receiver for the Metropolitan Police District

        360. A regional returning officer for the purposes of the Scotland...

        361. Registrar of the Privy Council

        362. Registration Officer appointed under section 8(3) of the Representation of...

        363. Rent Officer or deputy rent officer nominated under Schedule 5...

        364. Returning Officer under section 25(1) of the Representation of the...

        365. Scottish Charity Regulator

        366. Scottish Information Commissioner appointed under section 42 of the Freedom...

        367. Scottish Legal Services Ombudsman appointed under section 34 of the...

        368. Scottish Parliamentary Standards Commissioner

        369. Scottish Public Services Ombudsman and any deputy Scottish Public Services...

        370. Scottish Road Works Commissioner

        371. Any Sentence Review Commissioner in Northern Ireland

        372. Social fund Commissioner

        373. Social fund Commissioner in Northern Ireland

        374. Solicitor in Scotland to any department of Her Majesty’s Government...

        375. Staff of the Scottish Parliament

        376. Standing Counsel to any department of Her Majesty’s Government in...

        377. Standing Counsel to the Scottish Executive

        378. Statutory Officer appointed under section 70 of the Judicature (Northern...

        379. Traffic Commissioner for any area constituted for the purposes of...

      2. PART II OFFICE-HOLDERS DISQUALIFIED FOR PARTICULAR CONSTITUENCIES AND REGIONS

  7. Explanatory Note

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