The Scotland Act 1998 (Transitory and Transitional Provisions) (Scottish Parliamentary Pension Scheme) Order 1999

Membership for office holders

C2.—(1) An office holder who–

(a) has not at any time held the office of First Minister;

(b) has not exercised an option under article C4; and

(c) is either–

(i) a participating member; or

(ii) being either the Lord Advocate or Solicitor General for Scotland, not a member of the Parliament,

shall be a participating office holder in the Scheme in respect of any period of tenure of a qualifying office.

(2) In this Order “period of tenure of a qualifying office” means any continuous period for which a person is–

(a) the holder of one and the same qualifying office; or

(b) the holder successively of two or more qualifying offices in respect of which the same salary is payable.

(3) In this Order “qualifying office” means any of the following offices–

(a) any member of the Scottish Executive, except the First Minister;

(b) any of the Junior Scottish Ministers;

(c) Deputy Presiding Officer;

(d) Leader of a Non-Executive Party;

(e) Chief Business Manager of a qualifying party;

and “office holder” means the holder of a qualifying office.

(4) For the purposes of paragraph (3)–

• “Chief Business Manager” means, in relation to a qualifying party, the member of the Parliament from time to time nominated as such for the purposes of this Order by the Leader of that party;

• “Leader” means, in relation to a qualifying party, the member of the Parliament who is for the time being the leader in the Parliament of that party;

• “Non-Executive Party” means a qualifying party, other than any such party with which any member of the Parliament who is also a member of the Scottish Executive or a junior Scottish Minister is connected;

• “qualifying party” means a registered party with which at least 10 members of the parliament are connected.