The Local Government Staff Commission (Scotland) Order 1994

Article 2(4)

SCHEDULE THE LOCAL GOVERNMENT STAFF COMMISSION (SCOTLAND)

Status

1.  The Staff Commission shall be a body corporate and shall have a common seal.

2.  The Staff Commission shall not–

(a) be regarded as a servant or agent of the Crown;

(b) have any status, immunity or privilege of the Crown;

(c) be exempt from any tax, duty, rate, levy or other charge whatsoever whether general or local,

and its property shall not be regarded as property of, or held on behalf of, the Crown.

Membership

3.  The Staff Commission shall consist of not less than four and not more than eight members appointed by the Secretary of State; and the Secretary of State shall appoint one of those members to be chairman and may appoint another to be deputy chairman.

4.—(1) The Secretary of State shall satisfy himself–

(a) before he appoints a person to be a member of the Staff Commission under paragraph 3 above, that the person has no financial or other interest likely to affect prejudicially the proper performance of his functions as a member; and

(b) from time to time, that each person so appointed continues, and has continued, to have no such interest.

(2) A member of the Staff Commission who is directly or indirectly interested in any matter brought up for consideration at a meeting of the Staff Commission shall disclose the nature of his interest to the meeting, which interest shall be recorded in the minutes of that meeting.

(3) Where such a disclosure is made, that member shall not take part in any deliberation or decision of the Staff Commission with respect to that matter.

5.  The Secretary of State may remove from office a member of the Staff Commission appointed under paragraph 3 above if he is satisfied that the member–

(a) has had his estate sequestrated, has made an arrangement with his creditors, has been adjudged bankrupt or has granted a trust deed or a composition contract for his creditors;

(b) is incapacitated by physical or mental illness;

(c) has been absent from meetings of the Staff Commission for a period longer than three months without the permission of the Staff Commission; or

(d) is otherwise unable or unfit to discharge his functions as a member or is unsuitable to continue as a member.

Remuneration and allowances of members

6.—(1) There shall be paid to each member of the Staff Commission such remuneration and allowances as may from time to time be determined by the Secretary of State.

(2) There may be paid to or in respect of any member such pension, allowance or gratuity on his retirement or death or such payments towards the provision of such pension, allowance or gratuity, as the Secretary of State may, with the consent of the Treasury, determine.

(3) If a person, appointed under paragraph 3 above, ceases to be a member of the Staff Commission, and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may, with the consent of the Treasury, require the Staff Commission to pay to that person a sum of such amount as the Secretary of State may, with the consent of the Treasury, determine.

Appointment and Remuneration of Officers

7.—(1) The Staff Commission may appoint, on such terms and conditions as it may, with the approval of the Secretary of State given with the consent of the Treasury determine, such officers as it thinks fit.

(2) Without prejudice to sub-paragraph (1) above, in the case of such of its officers or former officers as the Secretary of State may, with the consent of the Treasury, determine–

(a) there may be paid such pensions, allowances or gratuities to or in respect of those officers; or

(b) there may be made such payments towards provision of such pensions, allowances or gratuities; or

(c) there may be provided and maintained such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities,

as the Secretary of State may, with such consent, determine.

(3) The reference in sub-paragraph (2) above to pensions, allowances or gratuities in respect of officers of the Staff Commission includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any such officer who suffers loss of office or employment or loss or diminution of emoluments.

Proceedings

8.—(1) Subject to any directions given under section 12(4) of the Act, the Staff Commission may regulate its own procedure.

(2) The proceedings of the Staff Commission shall not be invalidated by any vacancy among its members or by any defect in the appointment of any of its members or by any failure to comply with paragraph 4(2) above.

Documents

9.—(1) For any purpose other than those mentioned in sub-paragraph (2) below, a document is validly executed by the Staff Commission if it is signed on its behalf by a member or by an officer authorised to sign the document on its behalf.

(2) For the purposes of any enactment or rule of law relating to the authentication of documents, a document is validly executed by the Staff Commission if it is subscribed on its behalf by being executed in accordance with the provisions of sub-paragraph (1) above.

(3) A document which bears to have been executed by the Staff Commission in accordance with sub-paragraph (2) above shall, in relation to such execution, be a probative document if–

(a) the subscription of the document bears to have been attested by at least one witness; or

(b) the document bears to be sealed with the seal of the Staff Commission.