F1Schedule 9A

Part I The Commissioner

Appointment

1

(1)

The Commissioner shall be appointed by the Secretary of State on such terms and conditions as he may determine.

(2)

Those terms and conditions may include arrangements for the payment of pensions, allowances or gratuities to, or in respect of, persons who have ceased to hold office as Commissioner.

Staff

2

(1)

The Commissioner may, with the consent of the Secretary of State as to numbers, terms and conditions, appoint staff.

(2)

The Commissioner may make arrangements for the payment of pensions, gratuities or allowances to, or in respect of, any person who has ceased to be a member of staff of the Commissioner and may, in particular—

(a)

make contributions or payments towards provision for such pensions, gratuities or allowances,

(b)

establish and administer one or more pension schemes.

(3)

Arrangements under sub-paragraph (2) are subject to the approval of the Secretary of State.

Status

3

The Commissioner and his staff are not to be regarded as servants or agents of the Crown and do not have any status, immunity or privilege of the Crown.

F2Accounts

3A

(1)

The Commissioner shall for each financial year prepare an account of his expenditure and receipts in accordance with directions issued by the Scottish Ministers and shall send the account to the Scottish Ministers by such time as they may direct.

(2)

The Scottish Ministers shall send the account to the Auditor General for Scotland for auditing.

Part II The Consultative Committees

Membership

4

(1)

Each Consultative Committee shall consist of—

(a)

the Commissioner, who shall be its chairman, and

(b)

not fewer than 6 nor more than 9 other members appointed by the Commissioner in accordance with procedures, and on terms and conditions, approved by the Secretary of State.

(2)

The Commissioner shall, in accordance with those procedures, appoint one of the other members to be its deputy chairman.

Allowances

5

The deputy chairman and the ordinary members of a Consultative Committee shall be entitled to travelling and other allowances, to be paid by the Commissioner in accordance with arrangements determined by the Secretary of State, in respect of expenses properly incurred in the performance of their duties.

Proceedings

6

The proceedings of a Consultative Committee shall be conducted in accordance with arrangements determined by the Commissioner and approved by the Secretary of State.