8DisqualificationS
This section has no associated Explanatory Notes
(1)A person is disqualified from appointment and from holding office as [the Commissioner] if the person—
(a)is a member of the Parliament or its staff,
(b)was a member of the Parliament at any time within two years before the date when the appointment might otherwise have been made,
(c)is disqualified from being a member of the Parliament,
(d)is a member of the House of Commons,
(e)is a member of the House of Lords entitled to vote there,
(f)is employed, or appointed in any other capacity, by the [Commissioner],
(g)is a member, employee or appointee of—
(i)the Standards Commission for Scotland,
(ii)a specified authority, or
(iii)a devolved public body,
(h)is a specified authority (where the authority is an individual),
(i)is, or is an employee or appointee of, the Scottish Public Services Ombudsman,
(j)is a member of a council or any committee of a council,
(k)is disqualified from being a member of a council, or
(l)is a member of a joint board or joint committee.
(2)In this section—
(a)the following expressions have the following meanings—
“specified authority” means any of the specified authorities referred to in section 2(1) of the Public Appointments Act,
“council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),
“joint board” and “joint committee” have, respectively, the meanings given by section 235(1) of the Local Government (Scotland) Act 1973 (c. 65),
“devolved public body” has the meaning given by section 28(1) of the Ethical Standards Act,
(b)the reference to a member of a specified authority includes a reference to—
(i)a member, by co-option, of any committee of a specified authority,
(ii)a holder of a paid office appointed by a specified authority, and
(c)a paid office is one where the holder is entitled to remuneration, allowances or expenses or any combination of them.