Statutory Instruments
Constitutional Law
Devolution, Scotland
Made
13th October 2010
Coming into force
14th October 2010
At the Court at Buckingham Palace, the 13th day of October 2010
Present,
The Queen’s Most Excellent Majesty in Council
This Order is made by Her Majesty in Council in exercise of the powers conferred upon Her by section 15 of the Scotland Act 1998(1).
In accordance with section 115(1) of, and paragraphs 1 and 2 of Schedule 7 to, that Act a draft of this Order was laid before and approved by a resolution of the Scottish Parliament.
Accordingly, Her Majesty, by and with the advice of Her Privy Council, makes the following Order.
1. This Order may be cited as the Scottish Parliament (Disqualification) Order 2010 and comes into force on the day after the day on which it is made.
2. An office-holder of a description specified in Part I of the Schedule to this Order is disqualified from being a member of the Scottish Parliament.
3. An office-holder of a description specified in column 1 of Part II of the Schedule to this Order is disqualified from being a member of the Scottish Parliament for any constituency specified in relation to that office-holder in column 2 of that Part of the Schedule and for any region specified in relation to that office-holder in column 3 of that Part of the Schedule.
4. The Scottish Parliament (Disqualification) Order 2007(2) is revoked.
Judith Simpson
Clerk of the Privy Council
Articles 2 and 3
Any member of the Accounts Commission for Scotland.
Any member of the Administrative Justice and Tribunals Council.
Any member of the Advisory Committee on Hazardous Substances established under section 140(5) of the Environmental Protection Act 1990(3).
Any member of the Advisory Council established under section 3 of the Scottish Qualifications Authority Act 2002(4).
Any member of the Agriculture and Horticulture Development Board.
Any member of the Aircraft and Shipbuilding Industries Arbitration Tribunal.
Any member of the Antarctic Act Tribunal established under regulations made under the Antarctic Act 1994(5).
Any member of the Appointments Commission and the Health and Social Care Appointments Committee of the Commission.
Any member of an Arbitration Tribunal established under Schedule 3 to the Industry Act 1975(6).
Any member of the Armed Forces Pay Review Body.
Any member of the Arts Council of England.
Any member of Bòrd na Gàidhlig.
Any member of a Boundary Commission continued under section 2 of the Parliamentary Constituencies Act 1986(7).
Any member of the British Railways Board.
Any member of British Shipbuilders.
Any member of the British Transport Police Authority.
Any member of the British Waterways Board.
Any member of Bwrdd yr Iaith Gymraeg (the Welsh Language Board).
Any member of the Care Council for Wales.
Any member of the Care Quality Commission.
Any member of the Central Arbitration Committee.
Any member of the Channel Four Corporation.
Any member of the Charity Commission.
Any member of the Charity Commission for Northern Ireland.
Any member of the Child Maintenance and Enforcement Commission.
Any member of the Child Poverty Commission.
Any member of the Children and Family Court Advisory and Support Service.
Any member of the Civil Aviation Authority.
Any member of the Civil Nuclear Police Authority.
Any member of the Civil Service Arbitration Tribunal.
Any member of the Civil Service Commission.
Any member of the Coal Authority.
Any member of the Commission for Architecture and the Built Environment.
Any member of the Commission for Equality and Human Rights.
Any member of the Commission on Human Medicines and any committee established under section 4 of the Medicines Act 1968(8).
Any member of the Commission for Local Administration in England.
Any member of the Commission for Rural Communities.
Any member of the Commission for Victims and Survivors for Northern Ireland.
Any member of the Committee on Climate Change.
Any member of the Competition Appeal Tribunal.
Any member of the Competition Commission.
Any member of the Competition Service.
Any member of the Consumer Council for Water, and each regional committee of the Council established under section 27A of the Water Industry Act 1991(9).
Any member of the Copyright Tribunal.
Any member of the Council of the Advisory, Conciliation and Arbitration Service.
Any member of the Council for Healthcare Regulatory Excellence.
Any member of the Covent Garden Market Authority.
Any member of the Criminal Cases Review Commission.
Any member of the Crown Estate Commissioners.
Any member of a development agency established under section 1 of the Regional Development Agencies Act 1998(10).
Any member of the Development Commission.
Any member of a Development Corporation within the meaning of the New Towns Act 1981(11) or the New Towns (Scotland) Act 1968(12).
Any member of the Disability Living Allowance Advisory Board.
Any member of the Disability Living Allowance Advisory Board for Northern Ireland.
Any member of the Electoral Commission.
Any member of the Employment Appeal Tribunal.
Any member of the English Sports Council.
Any member of the Environment Agency.
Any member of the Fair Employment Tribunal for Northern Ireland.
Any member of the First-tier Tribunal.
Any member of the Food Standards Agency.
Any member of the Foreign Compensation Commission.
Any member of the Forestry Commissioners.
Any member of the Gambling Commission.
Any member of the board of the Gangmasters Licensing Authority.
Any member of the Gas and Electricity Markets Authority.
Any member of the General Social Care Council.
Any member of the Health and Safety Executive.
Any member of the Health and Social Care Regulation and Quality Improvement Authority in Northern Ireland.
Any member of Healthcare Improvement Scotland.
Any member of Highlands and Islands Enterprise.
Any member of the Homes and Communities Agency.
Any member of the Horserace Betting Levy Appeal Tribunal for England and Wales.
Any member of the Human Fertilisation and Embryology Authority.
Any member of the Human Tissue Authority.
Any member of the Independent Commission for Police Complaints for Northern Ireland.
Any member of the Independent Parliamentary Standards Authority.
Any member of the Independent Police Complaints Commission.
Any member of an Industrial Court established in Northern Ireland.
Any member of the Industrial Injuries Advisory Council.
Any member of the Infrastructure Planning Commission.
Any member of Invest Northern Ireland.
Any member of a Joint Planning Inquiry Commission constituted under Part III of the Town and Country Planning (Scotland) Act 1997(13).
Any member of the Judicial Appointments Board for Scotland.
Any member of the Judicial Appointments Commission.
Any member of the Labour Relations Agency.
Any member of the Lands Tribunal for Northern Ireland.
Any member of the Lands Tribunal for Scotland.
Any member of the Law Commission.
Any member of the Legal Services Board.
Any member of the Legal Services Commission.
Any member of the Local Better Regulation Office.
Any member of the Local Government Boundary Commission for England.
Any member of the Local Government Boundary Commission for Scotland.
Any member of the Local Government Boundary Commission for Wales.
Any member of the Low Pay Commission appointed under section 8(9) of the National Minimum Wage Act 1998(14).
Any member of the Marine Management Organisation.
Any member of the Mental Health Review Tribunal for Northern Ireland.
Any member of the Mental Health Review Tribunal for Wales.
Any member of the Mental Welfare Commission for Scotland.
Any member of the National Consumer Council.
Any member of the National Employment Savings Trust Corporation.
Any member of the NHS Pay Review Body.
Any member of the National Information Governance Board for Health and Social Care.
Any member of the National Lottery Commission.
Any member of the National Policing Improvement Agency.
Any member of Natural England.
Any member of the Northern Ireland Housing Executive.
Any member of the Northern Ireland Judicial Appointments Commission.
Any member of the Northern Ireland Law Commission.
Any member of the Northern Ireland Legal Services Commission.
Any member of the Northern Ireland Social Care Council.
Any member of the Nuclear Decommissioning Authority.
Any member of the Office of Communications.
Any member of the Office of Fair Trading.
Any member of the Office of the Health Professions Adjudicator.
Any member of the Office for Legal Complaints.
Any member of the Office of Rail Regulation.
Any member of the Office of the Renewable Fuels Agency.
Any member of the Office for Standards in Education, Children’s Services and Skills.
Any member of the Office for Tenants and Social Landlords.
Any member of the Oil and Pipelines Agency.
Any member of the Parades Commission for Northern Ireland.
Any member of the Parole Board for England and Wales.
Any member of the Parole Board for Scotland.
Any member of the Board of the Pension Protection Fund.
Any member of a Pensions Appeal Tribunal.
Any member of the Pensions Regulator.
Any member of the Planning Appeals Commission constituted under Article 110 of the Planning (Northern Ireland) Order 1991(15).
Any member of a Planning Inquiry Commission constituted under Part III of the Town and Country Planning Act 1990(16).
Any member of a Planning Inquiry Commission constituted under Part III of the Town and Country Planning (Scotland) Act 1997.
Any member of the Postal Services Commission.
Any member of the Prison Service Pay Review Body.
Any member of a regional committee of the Gas and Electricity Consumer Council established under section 18(2) of the Utilities Act 2000(17).
Any member of a regional water authority established in accordance with section 2 of the Water Act 1973(18).
Any member of the Restrictive Practices Court.
Any member of the Review Board for Government Contracts.
Any member of the Review Body on Doctors and Dentists Remuneration.
Any member of the Risk Management Authority established under the Criminal Justice (Scotland) Act 2003(19).
Any member of a Rural Development Board.
Any member of the School Teachers’ Review Body.
Any member of the Scottish Charity Regulator.
Any member of the Scottish Children’s Reporter Administration.
Any member of the Scottish Commission for Human Rights.
Any member of the Scottish Committee of the Administrative Justice and Tribunals Council.
Any member of the Scottish Court Service.
Any member of the Scottish Criminal Cases Review Commission.
Any member of Scottish Enterprise.
Any member of the Scottish Environment Protection Agency.
Any member of the Scottish Further and Higher Education Funding Council.
Any member of the Scottish Land Court.
Any member of the Scottish Law Commission.
Any member of the Scottish Legal Aid Board.
Any member of the Scottish Legal Complaints Commission.
Any member of Scottish Natural Heritage.
Any member of the Scottish Qualifications Authority.
Any member of the Scottish Social Services Council.
Any member of Scottish Water.
Any member of the Sea Fish Industry Authority.
Any member of the Sea Fish Licence Tribunal.
Any member of the Security Industry Authority.
Any member of Seirbheis nam Meadhanan Gàidhlig.
Any member of the Senior Salaries Review Body.
Any member of the Serious Organised Crime Agency.
Any member of Sianel Pedwar Cymru.
Any member of Social Care and Social Work Improvement Scotland.
Any member of the Social Security Advisory Committee.
Any member of the Standards Board for England.
Any member of the Standards Commission for Scotland.
Any member of the Statistics Board.
Any member of the Sustainable Development Commission (an advisory sub-committee of The Sustainable Development Commission Limited).
Any member of the Training and Employment Agency Advisory Board in Northern Ireland.
Any member of the Transport Tribunal.
Any member of the Tribunal established under section 65 of the Regulation of Investigatory Powers Act 2000(20).
Any member of the Tribunal established under section 91 of the Northern Ireland Act 1998(21).
Any member of the trustee corporation established by section 75 of the Pensions Act 2008(22).
Any member of the Trustees of the National Heritage Memorial Fund.
Any member of the United Kingdom Atomic Energy Authority.
Any member of the United Kingdom Sports Council.
Any member of the Upper Tribunal.
Any member of the Valuation Tribunal for England.
Any member of the Valuation Tribunal Service.
Any member of the Water Appeals Commission for Northern Ireland.
Any member of a Water Customer Consultation Panel.
Any member of the Water Industry Commission for Scotland.
Any member of the Water Services Regulation Authority.
Any member of the Welsh Committee of the Administrative Justice and Tribunals Council.
Any member of the Welsh Water Authority.
Any member of the Youth Justice Board for England and Wales.
Adjudicator appointed by the Commissioners for Her Majesty’s Revenue and Customs.
Adjudicator appointed under section 25 of the School Standards and Framework Act 1998(23).
Advocate Depute (not being the Solicitor General for Scotland) appointed by the Lord Advocate.
Ambassador or Permanent Representative to an international organisation representing Her Majesty’s Government in the United Kingdom.
Appeal Officer for Community Interest Companies.
Assembly Ombudsman for Northern Ireland.
Assessor appointed for the purposes of section 133 of the Criminal Justice Act 1988(24).
Assessor of Public Undertakings (Scotland).
Assistant Commissioner appointed under Part IV of the Local Government Act 1972(25).
Assistant Commissioner appointed under Part II of the Local Government (Scotland) Act 1973(26).
Assistant Commissioner appointed under Schedule 1 to the Parliamentary Constituencies Act 1986(27).
Assistant Electoral Commissioners.
Attorney General of the Duchy of Lancaster.
Auditor of the Civil List.
Auditor of the Court of Session.
Auditor General for Scotland.
Auditor General for Wales.
Certification Officer or any assistant certification officer.
Certification Officer for Northern Ireland appointed under Article 69 of the Industrial Relations (Northern Ireland) Order 1992(28).
Chairman or Medical Director of the Advisory Committee on Clinical Excellence Awards.
Chairman of an Agricultural Land Tribunal or member of a panel appointed under paragraph 14 or 15 of Schedule 9 to the Agriculture Act 1947(29).
Chairman or deputy chairman of the Agri-Food and Biosciences Institute.
Chairman or Vice-Chairman of the Arts Council of Northern Ireland.
Chair, Deputy Chair or Chief Executive of the Arts and Humanities Research Council.
Chair, Deputy Chair or Chief Executive of the Biotechnology and Biological Sciences Research Council.
Chairman of the Board of Governors of the Commonwealth Institute.
Chairman, Vice-Chairman or ordinary member of the British Broadcasting Corporation Trust.
Chairman or Director-General of the British Council.
Chairman of the British Library Board.
Chairman, or director appointed by the Secretary of State, of CDC Group p.l.c. (formerly the Commonwealth Development Corporation).
Chairman of the Chief Executives’ Forum in Northern Ireland.
Chairman or Deputy Chairman of the Civil Service Appeal Board.
Chairman of the Committee on Standards in Public Life.
Chairman or any member, not being also an employee, of the management committee of the Common Services Agency for the Scottish Health Service constituted under the National Health Service (Scotland) Act 1978(30).
Chair of Creative Scotland.
Convener of the Crofters Commission.
Chair, Deputy Chair or Chief Executive of the Economic and Social Research Council.
Chair, Deputy Chair or Chief Executive of the Engineering and Physical Sciences Research Council.
Chairman or Deputy Chairman of the Financial Reporting Council.
Chairman of the Fire and Rescue Service Board.
Chairman of Food from Britain.
Chairman of the Football Licensing Authority.
Chairman of the General Consumer Council for Northern Ireland.
Chairman of the board of Glasgow 2014 Limited.
Chairman or any member, not being also an employee, of a Health Board or a Special Health Board constituted under the National Health Service (Scotland) Act 1978.
Chairman or non-executive member of the Health Protection Agency.
Chairman of the Health and Safety Executive for Northern Ireland.
Chairman or non-executive director of a Health and Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order 1991(31).
Chairman or Deputy Chairman, in receipt of remuneration, of the Historic Buildings and Monuments Commission for England.
Chair of the Independent Advisory Panel on Deaths in Custody.
Chairman or other member of the Independent Regulator of NHS Foundation Trusts.
Paid Chairman of an Industrial Training Board constituted under the Industrial Training Act 1964(32) or the Industrial Training Act 1982(33) or of a committee appointed under either of those Acts or paid Deputy Chairman of such a board.
Chairman of the Inland Waterways Advisory Council.
Chairman of Investors in People UK.
Chairman of the Joint Nature Conservation Committee.
Chairman, Vice-Chairman or member of the executive committee of the Land Settlement Association Limited appointed at a salary.
Chairman of Learning and Teaching Scotland.
Chairman of the Livestock and Meat Commission for Northern Ireland.
Chairman of a local flood defence committee for any district in England and Wales.
Chairman or Chief Executive of the Local Government Staff Commission for Northern Ireland.
Chairman or any member, not being also an employee, of a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006(34).
Chair, Deputy Chair or Chief Executive of the Medical Research Council.
Chairman of the Museums, Libraries and Archives Council.
Chairman of the National Endowment for Science, Technology and the Arts (“NESTA”) and, if in receipt of remuneration, any other member of NESTA.
Chairman or Director of the National Forest Company.
Chairman or other non-executive director of an NHS foundation trust.
Chairman or non-executive director of a National Health Service trust established under the National Health Service Act 2006(35) or the National Health Service (Wales) Act 2006.
Chair, Deputy Chair or Chief Executive of the Natural Environment Research Council.
Chairman of the Northern Ireland Civil Service Appeal Board.
Chairman of the Northern Ireland Clinical Excellence Awards Committee.
Chairman of the Northern Ireland Community Relations Council.
Chairman of the Northern Ireland Council for the Curriculum, Examinations and Assessment.
Chairman of the Northern Ireland Higher Education Council.
Chair of the Northern Ireland Library Authority.
Chairman of, or secretary to, the Northern Ireland Local Government Officers’ Superannuation Committee.
Chairman or vice-chairman of the Northern Ireland Policing Board.
Chairman of the Northern Ireland Screen Commission.
Chairman of the Northern Ireland Tourist Board.
Chairman, or member in receipt of remuneration, of the Olympic Delivery Authority.
Chairman, or member in receipt of remuneration, of the Olympic Lottery Distributor.
Chair or any member, not also being an employee, of the Patient Client Council established under section 16 of the Health and Social Care (Reform) Act (Northern Ireland) 2009(36).
Chairman of the Prescription Pricing Authority.
Chairman or any member, not also being an employee, of a Primary Care Trust established under section 18 of the National Health Service Act 2006.
Chairman of the Probation Board for Northern Ireland.
Chairman of a probation trust.
Chairman of Quality Meat Scotland.
Chair or any member, not also being an employee, of the Regional Agency for Public Health and Social Well-being established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
Chair or any member, not also being an employee, of the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
Chairman of a regional flood defence committee for any area of England and Wales.
Chair or any member, not also being an employee, of the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009.
Chair of the School Food Trust.
Chair or Chief Executive of the Science and Technology Facilities Council.
Convener or member of the Scottish Commission for the Regulation of Care.
Chairman of the Scottish Dental Practice Board or a member of that Board appointed at an annual salary.
Chairman of the Scottish Legal Aid Board.
Chairman or Vice-Chairman of the Scottish Sports Council.
Chairman of a special health and social care agency established under Article 3 of the Health and Personal Social Services (Special Agencies)(Northern Ireland) Order 1990(37).
Chairman of the Special Hospitals Service Authority.
Chairman or Vice-Chairman of the Sports Council for Northern Ireland.
Chairman or Vice-Chairman of the Sports Council for Wales.
Chairman or any member, not being also an employee, of any Strategic Health Authority or Special Health Authority.
Chairman or Chief Executive of the Student Loans Company Limited.
Chair, Deputy Chair or Chief Executive of the Technology Strategy Board.
Chair or Chief Executive of the UK Commission for Employment and Skills or a Director or Commissioner of that Commission appointed by the First Minister in Scotland, the First Minister for Wales or a Northern Ireland Minister.
Chairman of the Women’s Royal Voluntary Service.
Chairman or Vice-Chairman of the Youth Council for Northern Ireland.
Chief Commissioner or Commissioner of the Equality Commission for Northern Ireland.
Chief Commissioner or Commissioner of the Northern Ireland Human Rights Commission.
Chief Electoral Officer for Northern Ireland or any whole time officer appointed under section 14A(1) of the Electoral Law Act (Northern Ireland) 1962(38).
Chief Executive or member of, or constable seconded to, the Scottish Police Services Authority.
Chief Executive of SITPRO Limited.
Chief Executive of The Sustainable Development Commission Limited or a Director appointed by the members of that company or by the Secretary of State, the First Minister in Scotland, the First Minister for Wales or the First Minister and deputy First Minister in Northern Ireland.
Chief Inspector of Criminal Justice in Northern Ireland.
Chief Inspector of the UK Border Agency.
Chief Land Registrar.
Chief Officer of a community justice authority appointed under section 4(2) of the Management of Offenders etc. (Scotland) Act 2005(39).
Chief Ombudsman or an assistant ombudsman appointed under section 122 of the Legal Services Act 2007(40) (Chief Ombudsman and assistant ombudsmen appointed for the purposes of the ombudsman scheme).
Chief Regulator of Qualifications and Examinations and any member of the Office of Qualifications and Examinations Regulation in receipt of remuneration.
Children’s Commissioner.
Children’s Commissioner for Wales.
Civil Service Commissioner for Northern Ireland.
Clerk or deputy clerk of a district council in Northern Ireland.
Commissioner or Assistant Commissioner appointed under section 50(1) or (2) of, or Schedule 4 to, the Local Government Act (Northern Ireland) 1972(41).
Commissioner for Children and Young People for Northern Ireland.
Commissioner of the City of London Police.
Commissioner for Older People in Wales.
Commissioner for Public Appointments.
Commissioner for Public Appointments for Northern Ireland.
Commissioner for Victims and Witnesses.
Commons Commissioner.
Compliance Officer for the Independent Parliamentary Standards Authority.
Comptroller and Auditor General.
Comptroller and Auditor General for Northern Ireland.
Controller of Audit appointed under paragraph 7(1) of Schedule 1 to the Audit Commission Act 1998(42).
Controller of Audit appointed under section 97(4) of the Local Government (Scotland) Act 1973(43).
Coroner, deputy coroner or assistant deputy coroner appointed under the Coroners Act 1988(44).
Coroner or deputy coroner appointed under section 2(1) of the Coroners Act (Northern Ireland) 1959(45).
Coroner of the Queen’s household.
Counsel to the Secretary of State under the Private Legislation Procedure (Scotland) Act 1936(46).
Crown Solicitor for Northern Ireland.
Director of the British Aerospace Public Limited Company appointed subject to the approval of a Minister or government department.
Director of BRB (Residuary) Limited.
Director of British Nuclear Fuels Limited.
Director of Caledonian Maritime Assets Limited.
Director of Citybus Limited.
Director of any of the following—
a company which for the time being holds a licence under Chapter I of Part I of the Transport Act 2000(47) (a licence company);
a company of which a licence company is a subsidiary (within the meaning given by section 1159 of the Companies Act 2006(48);
a company which is a subsidiary (within the meaning so given) of a licence company.
Director of a company for the time being holding an appointment under Chapter I of Part II of the Water Industry Act 1991(49) or of such a company’s holding company, being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown.
Director of any company in receipt of financial assistance under Part III or section 13 of the Industrial Development Act 1982(50), being a director nominated by a Minister of the Crown or government department.
Director of a company which, within the meaning of Part II of the Railways Act 1993(51), is a successor company wholly owned by the Crown, being a director nominated or appointed by a Minister of the Crown or any other person acting on behalf of the Crown.
Director nominated by the Secretary of State of any company in respect of which an undertaking to make advances has been given by the Secretary of State under section 2 of the Highlands and Islands Shipping Services Act 1960(52) and is for the time being in force.
Director of David MacBrayne Limited.
Director of Fair Access to Higher Education.
Director of Flexibus Limited.
Director in receipt of remuneration of High Speed Two (HS2) Limited.
Director of Highlands and Islands Airports Limited.
Director of Horticulture Research International in receipt of remuneration.
Director of International Military Services Limited.
Director of Middletown Centre for Autism (Holdings) Limited or of Middletown Centre for Autism Limited.
Director of Northern Ireland Railways Company Limited.
Director of the Northern Ireland Transport Holding Company.
Director of Northern Ireland Water Limited.
Director of Nuclear Electric p.l.c.
Director of Partnerships for Schools Limited.
Director of the Pensions Advisory Service Limited.
Director of the Post Office company (within the meaning of Part IV of the Postal Services Act 2000(53)) being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown.
Director, or Deputy Director, of Public Prosecutions for Northern Ireland.
Director of a publicly controlled company (within the meaning of Chapter 2 of Part 1 of the Energy Act 2004(54)) to which transfers have been made in accordance with provisions of nuclear transfer schemes authorised by that Chapter.
Director of a publicly owned successor company (within the meaning of the Atomic Energy Authority Act 1995(55)).
Director appointed at a salary of Remploy Limited.
Director of Scottish Futures Trust Limited.
Director of Scottish Nuclear Limited.
Director, other than an executive director, of the Scottish Prison Service.
Director of Service Prosecutions.
Director of The Skills Development Scotland Co. Limited.
Director of Strategic Investment Board Limited.
Director of the successor company (within the meaning of the Crown Agents Act 1995(56)) being a director nominated or appointed by a Minister of the Crown or by a person acting on behalf of the Crown.
Director of UK Film Council.
Director in receipt of remuneration of UK Financial Investments Limited.
Director of Ulsterbus Limited.
Director of United Kingdom Anti-Doping Limited appointed by the members of the company.
Director General, Deputy Director General or police member of the Scottish Crime and Drug Enforcement Agency.
District judge appointed under section 6 of the County Courts Act 1984(57).
Governor, Deputy Governor or Director of the Bank of England.
Governor or Administrator of a British overseas territory within the meaning of section 50(1) of the British Nationality Act 1981(58).
Governor, Lieutenant Governor and Secretary, or Captain of Invalids of Chelsea Hospital.
Governor or other officer or member of the staff of a prison to which the Prison Act (Northern Ireland) 1953(59) applies.
Health Service Commissioner for England.
Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.
Her Majesty’s Chief Inspector of Prisons for England and Wales.
Her Majesty’s Chief Inspector of Probation for England and Wales.
High Commissioner representing Her Majesty’s Government in the United Kingdom.
Immigration Services Commissioner or Deputy Immigration Services Commissioner.
Independent Case Examiner for the Department for Work and Pensions.
Information Commissioner.
Investigating Commissioner of, or member of a decision-making committee of, the Commission for Equality and Human Rights.
Judge Advocate General, Vice Judge Advocate General, Assistant Judge Advocate General.
Judicial Appointments and Conduct Ombudsman.
Lay observer appointed under Article 42 of the Solicitors (Northern Ireland) Order 1976(60).
Legal Services Ombudsman.
Liquidator appointed under section 2 of the Licensing (Alcohol Education and Research) Act 1981(61).
Lyon Clerk.
Lyon King of Arms.
Member of an Agricultural Marketing Board appointed by the Minister under Schedule 2 to the Agricultural Marketing Act 1958(62).
Member of an Agricultural Marketing Board appointed under section 3 of the Agricultural Marketing Act (Northern Ireland) 1964(63) or Schedule 2 to the Agricultural Marketing (Northern Ireland) Order 1982(64).
Member appointed by a Minister of the Crown of the Agricultural Wages Board for England and Wales.
Member appointed by the Head of the Department of Agriculture for Northern Ireland of the Agricultural Wages Board for Northern Ireland.
Member appointed by the Scottish Ministers of the Scottish Agricultural Wages Board.
Member of the Audit Commission for Local Authorities and the National Health Service in England in receipt of remuneration.
Member of Audit Scotland appointed under section 10(2)(c) of the Public Finance and Accountability (Scotland) Act 2000(65) or member of the staff of Audit Scotland.
Member of the staff of the Auditor General for Wales.
Member of the Big Lottery Fund or of a committee established by the Fund under paragraph 7 of Schedule 4A to the National Lottery Act 1993(66).
Ordinary member of a British Broadcasting Corporation Audience Council for England, Northern Ireland, Scotland or Wales.
Member in receipt of remuneration of the British Tourist Authority, the English Tourist Board or VisitScotland.
Member of the staff of the Children’s Commissioner.
Member of the staff of the Children’s Commissioner for Wales.
Member of the staff of the Commissioner for Older People in Wales.
Member of the Countryside Council for Wales in receipt of remuneration.
Member of the Determinations Panel established by the Pensions Regulator under section 9 of the Pensions Act 2004(67).
Member of the staff of the Electoral Commission.
Member of the governing body of the Financial Services Authority.
Member of the staff of the Forestry Commissioners.
Member, not being also a Forestry Commissioner or officer of the Forestry Commissioners, of a committee appointed for England, Scotland or Wales under section 2(3) of the Forestry Act 1967(68).
Member of the General Teaching Council for England in receipt of remuneration.
Member of the General Teaching Council for Wales in receipt of remuneration.
Member of the Higher Education Funding Council for England in receipt of remuneration.
Member of the Higher Education Funding Council for Wales in receipt of remuneration.
Member appointed by the Secretary of State of the Horserace Betting Levy Board.
Member of the London Transport Users’ Committee in receipt of remuneration.
Member of the Monetary Policy Committee of the Bank of England appointed under section 13(2)(b) or (c) of the Bank of England Act 1998(69).
Member of the staff of the National Audit Office.
Member of a committee of the National Consumer Council established under section 1 of, or paragraph 12 of Schedule 1 to, the Consumers, Estate Agents and Redress Act 2007(70) (territorial and regional committees).
Member of the staff of the Northern Ireland Audit Office.
Member of the panel of persons available to serve as chairmen of the Care Tribunal in Northern Ireland.
Member of a panel of persons appointed to act as chairmen or other members of industrial tribunals in Northern Ireland.
Member, in receipt of remuneration, of a panel of persons who may be selected to act as members of the Pensions Regulator Tribunal.
Member of a panel of persons appointed under Schedule 10 to the Rent Act 1977(71) to act as chairmen and other members of rent assessment committees.
Member of a panel of persons appointed under section 6 of the Social Security Act 1998(72).
Member of a panel of persons appointed under Article 7 of the Social Security (Northern Ireland) Order 1998(73) to act as members of appeal tribunals.
Member of the Passengers’ Council in receipt of remuneration.
Member of the Qualifications and Curriculum Development Agency (continued under section 175 of the Apprenticeships, Skills, Children and Learning Act 2009(74)) in receipt of remuneration.
Member of a residuary body established by Part VII of the Local Government Act 1985(75) who is in receipt of remuneration.
Member of the staff of the Scottish Parliament appointed by the Scottish Parliamentary Corporate Body under the Scotland Act 1998.
Member of the staff of the Serious Organised Crime Agency.
Member of the staff of the State Pathology Service for Northern Ireland.
Member of the Training and Development Agency for Schools in receipt of remuneration.
Member, in receipt of remuneration, of an urban development corporation (within the meaning of Part XVI of the Local Government, Planning and Land Act 1980(76)).
Member of the Young People’s Learning Agency for England in receipt of remuneration.
National Assembly for Wales Commissioner for Standards.
Northern Ireland Commissioner for Complaints.
Northern Ireland Judicial Appointments Ombudsman.
Officer or servant of the Crown Estate Commissioners.
Officer, clerk or servant appointed or employed under section 20 of the Greenwich Hospital Act 1865(77).
Officer of the Senior Courts being the holder of any office listed in any Part of Schedule 2 to the Senior Courts Act 1981(78) or a district judge of the High Court.
Ombudsman for the Board of the Pension Protection Fund and any deputy to that Ombudsman appointed under section 210 of the Pensions Act 2004.
Parliamentary Commissioner for Administration.
Parliamentary Commissioner for Standards.
Parole Commissioner for Northern Ireland.
Pensions Ombudsman and any deputy to that Ombudsman appointed under section 145A of the Pension Schemes Act 1993(79).
Person appointed, or deemed to be appointed, as an assessor for the purposes of section 18(1) of the Scottish Parliamentary Commissions and Commissioners etc. Act 2010(80).
Person appointed under section 3(1) of the Local Government and Housing Act 1989(81) to carry out functions relating to the political restriction of posts under local authorities, within the meaning of Part I of that Act.
Person appointed to chair the School Support Staff Negotiating Body.
Person appointed to hear and determine appeals under the Trade Marks Act 1994(82).
Person holding a politically restricted post, within the meaning of Part I of the Local Government and Housing Act 1989, under a local authority, within the meaning of that Part or a National Park authority.
Person on the list of those eligible to sit as members of a Gender Recognition Panel.
Police Complaints Commissioner for Scotland.
Police Ombudsman for Northern Ireland.
President of the Additional Support Needs Tribunal for Scotland.
President of appeal tribunals (within the meaning of Chapter I of Part I of the Social Security Act 1998) appointed under section 5 of that Act.
President of appeal tribunals appointed under Article 6 of the Social Security (Northern Ireland) Order 1998.
President of the Employment Tribunals (England and Wales), President of the Employment Tribunals (Scotland) or member of a panel of persons appointed to act as chairmen or other members of employment tribunals.
President or member of the Mental Health Tribunal for Scotland.
President or vice-president of the panel of persons appointed under Schedule 4 to the Rent (Scotland) Act 1984(83) to act as chairmen and other members of private rented housing committees.
President, or member of a panel of persons appointed to act as chairman or other members, of the Special Educational Needs and Disability Tribunal for Northern Ireland.
President, or member of a panel of persons appointed to act as chairman or other members, of the Special Educational Needs Tribunal for Wales.
Prisoner Ombudsman for Northern Ireland.
Prisons and Probation Ombudsman for England and Wales.
Public Appointments Commissioner for Scotland.
Public Services Ombudsman for Wales.
Public Standards Commissioner for Scotland.
Public Works Loan Commissioner.
Receiver for the Metropolitan Police District.
Regional returning officer for the purposes of the Scotland Act 1998(84).
Registrar of the Privy Council.
Registrar of Public Lending Right.
Registrar of the Supreme Court of the United Kingdom.
Registration Officer appointed under section 8(2), (2A) or (3) of the Representation of the People Act 1983(85).
Regulator of Community Interest Companies.
Rent officer or deputy rent officer appointed in pursuance of a scheme under section 63 of the Rent Act 1977(86).
Returning Officer under section 25(1) of the Representation of the People Act 1983 and any Deputy Returning Officer appointed by him.
Reviewer appointed under section 40 of the Justice and Security (Northern Ireland) Act 2007(87).
Scottish Information Commissioner.
Scottish Public Services Ombudsman or deputy Scottish Public Services Ombudsman appointed under section 1 of the Scottish Public Services Ombudsman Act 2002(88).
Scottish Road Works Commissioner.
Sentence Review Commissioner.
Service Complaints Commissioner.
Social fund Commissioner.
Social fund Commissioner in Northern Ireland.
Solicitor in Scotland to any department of Her Majesty’s Government in the United Kingdom.
Standing Counsel to any department of Her Majesty’s Government in the United Kingdom.
Statutory officer appointed under section 70 of the Judicature (Northern Ireland) Act 1978(89).
Traffic commissioner appointed under section 4 of the Public Passenger Vehicles Act 1981(90).
Trustee of the Independent Living Fund (2006).
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Office-holders | Constituencies | Regions |
| Her Majesty’s Lord-Lieutenant and any Lieutenant for an area in Scotland. | Any constituency comprising the whole or part of the area in which the Lord-Lieutenant holds office or for which either the Lord-Lieutenant discharges the Lord-Lieutenant’s functions or the Lieutenant discharges the Lieutenant’s functions. | Any region comprising the whole or part of the area in which the Lord-Lieutenant holds office or for which either the Lord-Lieutenant discharges the Lord-Lieutenant’s functions or the Lieutenant discharges the Lieutenant’s functions. |
| Her Majesty’s Lord-Lieutenant and any Lieutenant for the city of Aberdeen, Dundee, Edinburgh or Glasgow. | Any constituency comprising the whole or part of the city in which the Lord-Lieutenant holds office or for which the Lieutenant is appointed. | Any region comprising the whole or part of the city in which the Lord-Lieutenant holds office or for which the Lieutenant is appointed. |
(This note is not part of the Order)
This Order specifies the office-holders who are disqualified from being a member of the Scottish Parliament. Part I of the Schedule specifies the office-holders who are disqualified from being a member of the Parliament and Part II of the Schedule specifies the office-holders who are disqualified from being a member of the Parliament but only for particular constituencies or regions.
The Order revokes and replaces the Scottish Parliament (Disqualification) Order 2007 (S.I. 2007/285).
S.I. 2007/285 as amended by S.I. 2008/960 and 2683, 2009/56, 2010/439.
1981 c.61; section 50(1) was amended by the British Overseas Territories Act 2002 (c.8), section 1(1)(a).