SCHEDULE 1The Scottish Police Services Authority
Membership
3
(1)
The Scottish Ministers must appoint the members of the Authority.
(2)
Each member must fall within one of the categories mentioned in sub-paragraph (3).
(3)
Those categories are—
(a)
police force members;
(b)
police authority members;
(c)
lay members.
(4)
The Authority is to consist of not more than 10 members and, subject to sub-paragraph (5), must include—
(a)
a convener (who must be a lay member); and
(b)
at least two members (not including the convener) falling within each of the categories mentioned in sub-paragraph (3).
(5)
Sub-paragraph (4)(b) does not apply if, in the opinion of the Scottish Ministers, its application would—
(a)
prevent the Authority from operating; or
(b)
prevent or impede the effective or efficient operation of the Authority.
(6)
A person may be appointed as a police force member of the Authority only if nominated for such appointment by persons whom the Scottish Ministers consider represent the interests of chief constables of police forces.
(7)
A person may be appointed as a police authority member of the Authority only if nominated for such appointment by persons whom the Scottish Ministers consider represent the interests of police bodies.
(8)
Sub-paragraph (4)(b) does not apply if—
(a)
the Scottish Ministers request the persons referred to in sub-paragraph (6) or (7) to nominate persons for appointment as a police force member or a police authority member of the Authority; and
(b)
the persons requested fail, within such reasonable time as the Scottish Ministers may specify, to comply with the request.
(9)
A person is disqualified from appointment, and from holding office, as a police authority member or a lay member of the Authority if that person is—
(a)
a member of—
(i)
the House of Lords;
(ii)
the House of Commons;
(iii)
the Scottish Parliament;
(iv)
the European Parliament; or
(b)
disqualified from standing for election as a member of—
(i)
the House of Commons;
(ii)
the Scottish Parliament; or
(iii)
a local authority.
(10)
A person is disqualified from appointment, and from holding office, as a lay member of the Authority if that person is—
(a)
a constable of a police force;
(b)
a member of—
(i)
a police force maintained under section 2 of the Police Act 1996 (c. 16);
(ii)
the metropolitan police force or of the City of London police force;
(iii)
the Police Service of Northern Ireland;
(iv)
the Ministry of Defence Police appointed on the nomination of the Secretary of State under section 1 of the Ministry of Defence Police Act 1987 (c. 4);
(v)
the British Transport Police Force;
(vi)
the Civil Nuclear Constabulary;
(vii)
the States of Jersey Police Force;
(viii)
the salaried police force of the Island of Guernsey; or
(ix)
the Isle of Man Constabulary;
(c)
a member of the Serious Organised Crime Agency;
(d)
a member of a local authority; or
(e)
a member of staff of the Authority.
(11)
The Scottish Ministers may by order amend sub-paragraph (4) by substituting for the maximum number of members for the time being specified there such other number as they think fit.
(12)
Before making an order under sub-paragraph (11) the Scottish Ministers must consult—
(a)
the Authority;
(b)
persons whom the Scottish Ministers consider represent the interests of chief constables of police forces; and
(c)
persons whom the Scottish Ministers consider represent the interests of police bodies.