Public Appointments and Public Bodies etc. (Scotland) Act 2003

Vacancy in office of Commissioner

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”.

(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.