- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2004)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 01/04/2004. This version of this schedule contains provisions that are not valid for this point in time.
There are currently no known outstanding effects for the Public Appointments and Public Bodies etc. (Scotland) Act 2003, SCHEDULE 1.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Yn ddilys o 01/06/2004
(introduced by section 1)
1(1)A person is disqualified from appointment, and from holding office, as Commissioner if that person is—S
(a)a member of the House of Lords and entitled to vote in the House;
(b)a member of the House of Commons;
(c)a member of the Scottish Parliament;
(d)a member, officer or member of staff of a specified authority;
(e)a specified authority (where the authority is an individual); or
(f)disqualified from election as a member of the Scottish Parliament or as a member of a local authority.
(2)A person holding office as Commissioner is disqualified from appointment—
(a)as a member, officer or member of staff of a specified authority;
(b)to any paid office by a specified authority; and
(c)as a specified authority (where the authority is an individual).
(3)A person who has ceased to hold office as Commissioner is, during the period of 3 years beginning with the date on which that person ceased to hold that office, disqualified from appointment—
(a)as a member, officer or member of staff of a specified authority;
(b)to any paid office by a specified authority; and
(c)as a specified authority (where the authority is an individual),
except in any case where, and to the extent that, the Parliament determines that this sub-paragraph is not to apply.
(4)In this paragraph, references to a member of a specified authority include any member by co-option of any committee of a specified authority.
(5)For the purposes of sub-paragraphs (2)(b) and (3)(b), an office is a paid office where the holder of it is entitled to remuneration or expenses (or to both).
2(1)The Commissioner, the Commissioner’s staff and assessors appointed by the Commissioner—S
(a)are not to be regarded as servants or agents of the Crown;
(b)do not have any status, immunity or privilege of the Crown,
and the Commissioner’s property is not to be regarded as property of, or property held on behalf of, the Crown.
(2)The Commissioner, in the exercise of the functions of that office, is not subject to the direction or control of—
(a)any member of the Parliament;
(b)any member of the Scottish Executive; or
(c)the Parliamentary corporation,
except in so far as provided for in paragraph 13(1) and (4).
3SThe validity of any actings of the Commissioner is not affected by—
(a)any defect in the nomination by the Parliament for the Commissioner’s appointment; or
(b)any disqualification from appointment as Commissioner.
4(1)The Commissioner—S
(a)is appointed to and holds office for such period not exceeding 5 years as the Parliamentary corporation may determine;
(b)may be relieved of office by Her Majesty at the Commissioner’s request;
(c)may be removed from office by Her Majesty in pursuance of a resolution of the Parliament which, if passed on a division, must be voted for by the number of members equivalent to not less than two thirds of the total number of seats for members of the Parliament; and
(d)in other respects, is appointed to and holds office on such terms and conditions as the Parliamentary corporation may determine.
(2)A person whose period of office as Commissioner expires under sub-paragraph (1)(a) is eligible for appointment again, but—
(a)a person may be appointed as Commissioner for no more than 3 periods of office; and
(b)appointment for a third period of office is competent only if, by reason of special circumstances, such appointment is desirable in the public interest.
5(1)Where the office of Commissioner is vacant, the Parliamentary corporation may appoint a person (whether or not a member of the Commissioner’s staff or a person appointed as assessor by the Commissioner) to discharge the Commissioner’s functions until a new Commissioner is appointed; and a person so appointed is referred to in this schedule as the “acting Commissioner”.S
(2)A person who is disqualified from appointment as Commissioner by virtue of paragraph 1(1) is also disqualified from appointment as acting Commissioner.
(3)A person appointed as acting Commissioner—
(a)may be relieved of office at that person’s request;
(b)may be removed from office by the Parliamentary corporation by notice in writing given by it;
(c)in other respects, is appointed to and holds that office on such terms and conditions as the Parliamentary corporation may determine; and
(d)while holding that office, is to be treated for all purposes, except those of paragraphs 3(a), 4, 6 and 7, as the Commissioner.
6SThe Commissioner is entitled to a salary of such amount, and such allowances, as the Parliamentary corporation may determine.
7(1)The Parliamentary corporation may make arrangements for the payment of pensions, allowances or gratuities to, or in respect of, any person who has ceased to hold office as Commissioner and, in particular, may—S
(a)make contributions or payments towards provision for such pensions, allowances or gratuities; and
(b)establish and administer one or more pension schemes.
(2)The references in sub-paragraph (1) to pensions, allowances and gratuities include their provision by way of compensation for loss of office.
8(1)The Commissioner may, with the approval of the Parliamentary corporation, appoint such staff, on such terms and conditions, as the Commissioner may determine.S
(2)The Commissioner may, with the approval of the Parliamentary corporation, make arrangements for the payment of pensions, allowances or gratuities to, or in respect of, any person who has ceased to be a member of staff and, in particular, may—
(a)make contributions or payments towards provision for such pensions, allowances or gratuities; and
(b)establish and administer one or more pensions schemes.
(3)The references in sub-paragraph (2) to pensions, allowances and gratuities include their provision by way of compensation for loss of employment.
9(1)The Commissioner may appoint assessors to assist the Commissioner in the exercise of the Commissioner’s functions.S
(2)The Commissioner may, with the approval of the Parliamentary corporation, pay to any assessor such fees and allowances as the Commissioner may determine.
10(1)Any function of the Commissioner may be exercised on the Commissioner’s behalf—S
(a)by any person (whether or not a member of the Commissioner’s staff or an assessor appointed by the Commissioner) authorised by the Commissioner to do so; and
(b)to the extent so authorised.
(2)Sub-paragraph (1) does not affect the responsibility of the Commissioner for the exercise of the Commissioner’s functions.
11SThe Parliamentary corporation is to pay—
(a)the salary and allowances of the Commissioner;
(b)any expenses incurred by the Commissioner in the exercise of the Commissioner’s functions; and
(c)any sums payable by virtue of paragraph 5(3)(a) to (c) to, or in respect of, a person who—
(i)is appointed as acting Commissioner; or
(ii)has ceased to hold the office of acting Commissioner.
12(1)The Parliamentary corporation is to designate the Commissioner or a member of the Commissioner’s staff as the accountable officer for the purposes of this paragraph.S
(2)The functions of the accountable officer are—
(a)those specified in sub-paragraph (3); and
(b)where the accountable officer is not the Commissioner, the duty set out in sub-paragraph (4),
and the accountable officer is answerable to the Parliament for the exercise of those functions.
(3)The functions referred to in sub-paragraph (2)(a) are—
(a)signing the accounts of the expenditure and receipts of the Commissioner;
(b)ensuring the propriety and regularity of the finances of the Commissioner; and
(c)ensuring that the resources of the Commissioner are used economically, efficiently and effectively.
(4)The duty referred to in sub-paragraph (2)(b) is a duty, where the accountable officer is required to act in some way but considers that to do so would be inconsistent with the proper performance of the functions specified in sub-paragraph (3), to—
(a)obtain written authority from the Commissioner before taking the action; and
(b)send a copy of that authority as soon as practicable to the Auditor General for Scotland.
13(1)The Commissioner must—S
(a)keep proper accounts and accounting records; and
(b)prepare an annual account in respect of each financial year (the financial year being the period of 12 months ending with 31st March),
in accordance with such directions as the Scottish Ministers may give.
(2)The Commissioner must send the annual account to the Auditor General for Scotland for auditing.
(3)If requested by any person, the Commissioner must make available at any reasonable time, and without charge, in printed or in electronic form, the audited accounts, for inspection by that person.
(4)The Commissioner must lay before the Parliament annually a report on the exercise of the functions of that office; and the Commissioner is to comply with any direction as to the form and content of such reports as the Parliamentary corporation may give.
14SThe Commissioner may do anything which appears necessary or expedient for the purpose of or in connection with the exercise of the functions of that office and, in particular, may—
(a)acquire and dispose of land and other property; and
(b)enter into contracts.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys