Citation and commencement

1. This Order may be cited as the Scottish Parliament (Disqualification) Order 1999 and shall come into force on the day after the day on which it is made.

Specified Office-Holders

2. An office-holder of a description specified in Part I of the Schedule to this Order is disqualified from being a member of the Scottish Parliament.

3. An office-holder of a description specified in column 1 of Part II of the Schedule to this Order is disqualified from being a member of the Scottish Parliament for any constituency specified in relation to that office-holder in column 2 of that Schedule and for any region specified in relation to that office-holder in column 3 of that Schedule.

Articles 2 and 3

SCHEDULE

PART IOFFICE-HOLDERS DISQUALIFIED FROM BEING A MEMBER OF THE PARLIAMENT

Any member of the Advisory Committee on Hazardous Substances established under section 140(5) of the Environmental Protection Act 1990(2)

Any member of the Aircraft and Shipbuilding Industries Arbitration Tribunal

Any member of the Antarctic Act Tribunal established under regulations made under the Antarctic Act 1994(3)

Any member of an Arbitration Tribunal established under Schedule 3 to the Industry Act 1975(4)

Any member of the British Board of Agrément

Any member of the British Coal Corporation

Any member of the British Railways Board

Any member of British Shipbuilders

Any member of the British Waterways Board

Any member of the Broadcasting Standards Commission

Any member of the Central Arbitration Committee

Any member of the Channel Four Television Corporation

Any member of the Civil Aviation Authority

Any member of the Civil Service Arbitration Tribunal

Any member of the Coal Authority

Any member of Comataidh Craolaidh Gaidhlig

Any member of the Commission for Local Administration in England

Any member of the Commission for Local Administration in Wales

Any member of the Commission for Local Authority Accounts in Scotland

Any member of the Commission for Racial Equality

Any member of the Competition Commission

Any member of the Copyright Tribunal

Any member of the Council of the Advisory, Conciliation and Arbitration Service

Any member of the Council on Tribunals

Any member of the Criminal Cases Review Commission

Any member of the Criminal Injuries Compensation Board

Any member of the Crofters Commission

Any member of the Crown Estate Commissioners

Any member of a Dairy Produce Quota Tribunal constituted under the Dairy Produce Quotas Regulations 1984(5)

Any member of the Data Protection Tribunal

Any member of a Development Council established under the Industrial Organisation and Development Act 1947(6)

Any member of the Disability Living Allowance Advisory Board

Any member of the Disability Living Allowance Advisory Board for Northern Ireland

Any member of the East of Scotland Water Authority

Any member of the Employment Appeal Tribunal

Any member of the Equal Opportunities Commission

Any member of the Equal Opportunities Commission for Northern Ireland

Any member of the Fair Employment Commission for Northern Ireland

Any member of the Fair Employment Tribunal for Northern Ireland

Any member of the Foreign Compensation Commission

Any member of the Gaming Board for Great Britain

Any member of the Health and Safety Executive

Any member of Highlands and Islands Enterprise

Any member of the Human Fertilisation and Embryology Authority

Any member of the Immigration Appeal Tribunal

Any member of the Independent Broadcasting Authority

Any member of the Independent Commission for Police Complaints for Northern Ireland

Any member of the Independent Television Commission

Any member of an Industrial Court established in Northern Ireland

Any member of the Industrial Development Board for Northern Ireland

Any member of the Industrial Injuries Advisory Council

Any member of the Intervention Board for Agricultural Produce and of every committee of the Board performing functions of the Board

Any member of a Joint Planning Inquiry Commission constituted under Part III of, and Schedule 7 to, the Town and Country Planning (Scotland) Act 1997(7)

Any member of the Lands Tribunal

Any member of the Lands Tribunal for Northern Ireland

Any member of the Lands Tribunal for Scotland

Any member of the Local Government Boundary Commission for Scotland

Any member of the Low Pay Commission appointed under section 8(9) of the National Minimum Wage Act 1998(8)

Any member of the Meat and Livestock Commission

Any member of a Meat Hygiene Appeals Tribunal constituted under the Fresh Meat (Hygiene and Inspection) Regulations 1995(9), the Poultry Meat, Farmed Game Birds Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995(10), and the Wild Game Meat (Hygiene and Inspection) Regulations 1995(11)

Any member of a Medical Practices Committee constituted under section 7 of the National Health Service Act 1977(12) or section 3 of the National Health Service (Scotland) Act 1978(13)

Any member of the Medicines Commission and of any committee established under section 4 of the Medicines Act 1968(14)

Any member of a Mental Health Review Tribunal constituted or having effect as if constituted under the Mental Health Act 1983(15)

Any member of the Mental Health Review Tribunal for Northern Ireland

Any member of the Mental Welfare Commission for Scotland

Any member of the Monetary Policy Committee of the Bank of England appointed under section 13(2)(b) of (c) of the Bank of England Act 1998(16)

Any member of the Monopolies and Mergers Commission

Any member of a National Broadcasting Council

Any member of the National Disability Council

Any member of the National Lottery Commission

Any member of the National Radiological Protection Board

Any member of the North of Scotland Water Authority

Any member of the Northern Ireland Disability Council

Any member of the Northern Ireland Economic Council

Any member of the Northern Ireland Housing Executive

Any member of the Occupational Pensions Regulatory Authority

Any member of the Oil and Pipelines Agency

Any member of the Parades Commission for Northern Ireland

Any member of the Parole Board for Scotland

Any member of a Pensions Appeal Tribunal

Any member of the Pensions Compensation Board

Any member of a Planning Inquiry Commission constituted under Part III of and Schedule 6 to, the Town and Country Planning (Scotland) Act 1997

Any member of the Police Complaints Authority

Any member of the Police Information Technology Organisation in receipt of remuneration

Any member of the Post Office

Any member of the Radio Authority

Any member of the Restrictive Practices Court

Any member of the Review Board for Government Contracts

Any member of a Rural Development Board

Any member of the Scottish Children's Reporter Administration

Any member of the Scottish Committee of the Council on Tribunals

Any member of the Scottish Conveyancing and Executry Services Board

Any member of the Scottish Criminal Cases Review Commission

Any member of Scottish Enterprise

Any member of the Scottish Environment Protection Agency

Any member of Scottish Homes

Any member of the Scottish Land Court

Any member of the Scottish Law Commission

Any member of the Scottish Legal Aid Board

Any member of Scottish Natural Heritage

Any member of the Scottish Qualifications Authority

Any member of the Scottish Transport Group

Any member of the Scottish Water and Sewerage Customers Council or of any committee established by that council under paragraph 10(1) of Schedule 9 to the Local Government etc. (Scotland) Act 1994(17)

Any member of the Sea Fish Industry Authority

Any member of the Sea Fish Licence Tribunal

Any member of the Service Authority for the National Criminal Intelligence Service

Any member of Sianel Pedwar Cymru

Any member of the Social Security Advisory Committee

Any member of the Training and Employment Agency Advisory Board in Northern Ireland

Any member of the Transport Tribunal

Any member of the Tribunal established under section 9 of the Intelligence Services Act 1994(18)

Any member of the Tribunal established under the Interception of Communications Act 1985(19)

Any member of the Tribunal established under the Security Service Act 1989(20)

Any member of the United Kingdom Ecolabelling Board

Any member of the Water Appeals Commission for Northern Ireland

Any member of the West of Scotland Water Authority

Additional Commissioner of the Commission for Racial Equality

Additional Commissioner of the Equal Opportunities Commission

Additional Commissioner of the Equal Opportunities Commission for Northern Ireland

Adjudicating medical practitioner or specially qualified adjudicating medical practitioner appointed under or by virtue of Part II of the Social Security Administration Act 1992(21) or Part II of the Social Security Administration (Northern Ireland) Act 1992(22)

Adjudicator appointed under section 5 of the Criminal Injuries Compensation Act 1995(23)

Adjudicator appointed for the purposes of the Immigration Act 1971(24)

Adjudicator for the Inland Revenue, Customs and Excise and the Contributions Agency

Advocate Depute (not being the Solicitor General for Scotland) appointed by the Lord Advocate

Ambassador or Permanent Representative to an international organisation representing Her Majesty's Government in the United Kingdom

Assessor appointed for the purposes of section 133 of the Criminal Justice Act 1988(25)

Assessor of Public Undertakings (Scotland)

Assistant Commissioner appointed under Part II of the Local Government (Scotland) Act 1973(26)

Attorney General of the Duchy of Lancaster

Auditor of the Civil List

Auditor of the Court of Session

The Auditor General for Scotland

Any member of the Boundary Commission for Scotland or any assistant Commissioner of that Commission appointed under Schedule 1 to the Parliamentary Constituencies Act 1986(27)

Certification Officer or any assistant Certification Officer

Certification Officer for Northern Ireland appointed under Article 69 of the Industrial Relations (Northern Ireland) Order 1992(28)

Chairman or Medical Director of the Advisory Committee on Distinction Awards

Chairman of an Agricultural Land Tribunal or member of a panel appointed under paragraph 14 or 15 of Schedule 9 to the Agriculture Act 1947(29)

Chairman or Vice-Chairman of the Arts Council of Northern Ireland

Chairman or Director-General of the British Council

Chairman of the British Library Board

Chairman of the British Overseas Trade Board

Chairman of the Central Rail Users' Consultative Committee appointed under section 3 of the Railways Act 1993(30)

Chairman of the Chief Executives' Forum in Northern Ireland

Regional or other full-time Chairman of a child support appeal tribunal established under section 21 of the Child Support Act 1991(31)

Full-time Chairman of Child Support Appeal Tribunals for Northern Ireland

Chairman or Deputy Chairman of the Civil Service Appeal Board

Chairman of the Consumer Committee for Electricity appointed under Article 7 of the Electricity (Northern Ireland) Order 1992(32)

Chairman of a Consumers' committee appointed under section 2 of the Electricity Act 1989(33)

Chairman of the Deer Commission for Scotland

Chairman of the Distinction and Meritorious Service Awards Committee for Northern Ireland

Chairman of the Fire Authority for Northern Ireland

Chairman of Food from Britain

Chairman of the Gas Consumers' Council

Chairman of the General Consumer Council for Northern Ireland

Chairman or any member, not being also an employee, of a Health Board constituted under the National Health Service (Scotland) Act 1978

Chairman of the Health and Safety Agency for Northern Ireland

Chairman of the Health and Safety Commission

Chairman or any member, not being also an employee, of the Health Education Board for Scotland

Chairman of the Home-Grown Cereals Authority

Paid Chairman of an Industrial Training Board constituted under the Industrial Training Act 1964(34) or the Industrial Training Act 1982(35) or of a committee appointed under either of those Acts or paid Deputy Chairman of such a Board

Chairman of the Inland Waterways Amenity Advisory Council

Chairman of Investors in People UK

Chairman of the Joint Nature Conservation Committee

Chairman of the Livestock and Meat Commission for Northern Ireland

Chairman or any member, not being also an employee, of the Management Committee of the Common Services Agency for the Scottish Health Service constituted under the National Health Service (Scotland) Act 1978

Chairman or any member, not being also an employee, of a committee constituted under section 91 of the Mental Health (Scotland) Act 1984(36)

Chairman of the National Board for Nursing, Midwifery and Health Visiting for Scotland mentioned in section 5 of the Nurses, Midwives and Health Visitors Act 1997(37) or any member of that Board appointed at a salary

Chairman or Deputy Chairman of the National Consumer Council

Chairman of the National Endowment for Science, Technology and the Arts ("NESTA") and, if in receipt of remuneration, any other member of NESTA

Chairman or non-executive director of a National Health Service Trust established under the National Health Service (Scotland) Act 1978

Chairman of the National Lottery Charities Board and any chairman of a committee of that Board and if in receipt of remuneration any other member of that Board

Chairman of the New Opportunities Fund and, if in receipt of remuneration, any other member of that Fund

Chairman of the Northern Ireland Civil Service Appeal Board

Chairman of the Northern Ireland Community Relations Council

Chairman of, or secretary to, the Northern Ireland Local Government Officers' Superannuation Committee

Chairman or Vice-Chairman of the Police Authority for Northern Ireland

Chairman or any member, not being also an employee, of the Scottish Council for Postgraduate Medical and Dental Education

Chairman of the Post Office Users' National Council

Chairman of the Probation Board for Northern Ireland

Chairman of a rail users' consultative committee appointed under section 2 of the Railways Act 1993

Chairman of the Rural Development Council for Northern Ireland

Chairman of the Scottish Dental Practice Board or a member of that Board appointed at an annual salary

Chairman or Vice Chairman of the Scottish Sports Council

A regional or other full-time Chairman of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals

A full-time chairman of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals for Northern Ireland

Chairman of the Standing Advisory Commission on Human Rights constituted under section 20 of the Northern Ireland Constitution Act 1973(38)

Chairman or any member, not also being an employee, of the State Hospitals Board for Scotland

Chairman of the tribunal constituted under section 706 of the Income and Corporation Taxes Act 1988(39)

Chairman of the United Kingdom Sports Council

Chairman of the Wine Standards Board of the Company of the master, wardens and commonalty of Vintners of the City of London

Chairman of the Women's Royal Voluntary Service

Chairman or Vice Chairman of the Youth Council for Northern Ireland

Chief Adjudication Officer appointed under section 39 of the Social Security Administration Act 1992

Chief Adjudication Officer appointed for Northern Ireland under section 37 of the Social Security Administration (Northern Ireland) Act 1992

Chief Child Support Officer appointed under section 13(3) of the Child Support Act 1991(40)

Chief Child Support Officer appointed under Article 15(3) of the Child Support (Northern Ireland) Order 1991(41)

Chief Commissioner and other Commissioners of the Northern Ireland Human Rights Commission

Chief Commissioner, Deputy Commissioner and Commissioners of the Equality Commission for Northern Ireland

Chief Electoral Officer for Northern Ireland or any whole time officer appointed under section 14(1) of the Electoral Law Act (Northern Ireland) 1962(42)

Chief Executive of the Simpler Trade Procedures Board

Chief Scientist of the Scottish Office Department of Health

Civil Service Commissioner

Civil Service Commissioner for Northern Ireland

Clerk or deputy clerk of a district council in Northern Ireland

The Commissioner for Local Administration in Scotland

Commissioner or Assistant Commissioner appointed under section 50(1) or (2) of, or Schedule 4 to, the Local Government Act (Northern Ireland) 1972(43)

Commissioner or Assistant Commissioner of Police of the Metropolis

Commissioner of the City of London Police

Commissioner for Protection Against Unlawful Industrial Action

Commissioner for Public Appointments

Commissioner for Public Appointments for Northern Ireland

Commissioner for the Rights of Trade Union Members

Commons Commissioner

Comptroller and Auditor General

Comptroller and Auditor General for Northern Ireland

Controller of Audit appointed under section 97(4) of the Local Government (Scotland) Act 1973

Controller of Audit appointed under paragraph 7(1) of Schedule 1 to the Audit Commission Act 1998(44)

Counsel to the Secretary of State under the Private Legislation Procedure (Scotland) Act 1936(45) (Both Senior and Junior)

Crown Solicitor for Northern Ireland

The Data Protection Commissioner

The Data Protection Registrar

Director of the British Aerospace Public Limited Company appointed subject to the approval of a Minister or government department

Director of British Nuclear Fuels plc

Director of Caledonian MacBrayne Limited

Director of a Company-�

(a)which within the meaning of Part II of the Railways Act 1993(46), is a successor company wholly owned by the Crown, or

(b)which, within the meaning of that Act, is wholly owned by the Director of Passenger Rail Franchising

being a director nominated or appointed by a Minister of the Crown, the Director of Passenger Rail Franchising or any other person acting on behalf of the Crown

Director nominated by the Secretary of State of any company in respect of which an undertaking to make advances has been given by the Secretary of State under section 2 of the Highlands and Islands Shipping Services Act 1960(47) and is for the time being in force

Director of International Military Services Limited

Director of Northern Ireland Railways Company Limited

Director of the Northern Ireland Transport Holding Company

The Director of Passenger Rail Franchising

Director, or Deputy Director, of Public Prosecutions for Northern Ireland

Director of a publicly owned successor company (within the meaning of the Atomic Energy Authority Act 1995)(48)

Director General of Electricity Supply

Director General of Electricity Supply for Northern Ireland

Director General of Fair Trading

Director General of Gas for Northern Ireland

Director General of Gas Supply

Director General of the National Economic Development Office

Director General of the National Lottery

Director General of Telecommunications

District Judge appointed under section 6 of the County Courts Act 1984(49)

The Governor or Administrator of a dependent territory within the meaning of section 50(1) of the British Nationality Act 1981(50)

Governor of the British Broadcasting Corporation

Governor, Deputy Governor or Director of the Bank of England

Governor, Medical Officer or other officer or member of the staff of a prison to which the Prison Act (Northern Ireland) 1953(51) applies

Health Service Commissioner for England

Health Service Commissioner for Scotland

Health Service Commissioner for Wales

Her Majesty's Chief Inspector of Prisons for Scotland

High Commissioner representing Her Majesty's Government in the United Kingdom

Independent Assessor of Military Complaints Procedures in Northern Ireland

Independent Commissioner or Deputy Commissioner for the Holding Centres in Northern Ireland

The International Rail Regulator

Judge Advocate of the Fleet

Judge Advocate General, Vice Judge Advocate General, Assistant Judge Advocate General or Deputy Judge Advocate

Lay Observer appointed under Article 42 of the Solicitors (Northern Ireland) Order 1976(52)

The Legal Services Ombudsman

Lyon Clerk

Lyon King of Arms

Member of an Agricultural Marketing Board appointed by the Minister under Schedule 2 to the Agricultural Marketing Act 1958(53)

Member of an Agricultural Marketing Board appointed under section 3 of the Agricultural Marketing Act (Northern Ireland) 1964(54) or Schedule 2 to the Agricultural Marketing (Northern Ireland) Order 1982(55)

Member appointed by a Minister of the Crown of the Agricultural Wages Board for England and Wales

Member appointed by the Secretary of State of the Scottish Agricultural Wages Board

Member appointed by the Head of the Department of Agriculture for Northern Ireland of the Agricultural Wages Board for Northern Ireland

Any member of the Audit Commission for Local Authorities and the National Health Service in England and Wales in receipt of remuneration

Any member in receipt of remuneration of the British Tourist Authority or the Scottish Tourist Authority

Any member of the Financial Services Tribunal in receipt of remuneration

The Forestry Commissioners and any member of the staff of the Forestry Commissioners

Member of a Medical Appeal Tribunal appointed under section 50 of the Social Security Administration Act 1992

Member of a Medical Appeal Tribunal for Northern Ireland appointed under section 48(2) of the Social Security Administration (Northern Ireland) Act 1992

Any member of the Monetary Policy Committee of the Bank of England appointed under section 13(2)(b) of the Bank of England Act 1998

Member of the staff of the National Audit Office

Member of the staff of the Northern Ireland Audit Office

Member of a panel of chairmen for Child Support Appeal Tribunals for Northern Ireland appointed under paragraph 3(2)(a) of Schedule 3 to the Child Support (Northern Ireland) Order 1991(56)

Member of a panel of persons appointed to act as chairmen or other members of employment tribunals in Northern Ireland

Member of the legal panel of persons available to act as chairmen of Registered Homes Tribunals

Members of the legal panel of persons available to act as a chairmen of Registered Homes Tribunals in Northern Ireland

Member of a panel of persons appointed under section 6 of the Social Security Act 1998(57)

Member of a panel of persons appointed under Schedule 10 to the Rent Act 1977(58) to act as chairmen and other members of rent assessment committees

Member of a panel of persons appointed under Schedule 5 to the Rent (Northern Ireland) Order 1978(59) to act as chairmen and other members of rent assessment committees

Member of a panel of persons appointed under Schedule 4 to the Rent (Scotland) Act 1984(60) to act as chairmen and other members of rent assessment committees

Member of the panel of chairmen for Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals for Northern Ireland appointed under section 49(1)(c) of the Social Security Administration (Northern Ireland) Act 1992

Member of a panel appointed under section 6 of the Tribunals and Inquiries Act 1992(61) of persons to act as chairmen of Child Support Appeal Tribunals

Member of a panel appointed under section 6 of the Tribunals and Inquires Act 1992 of persons to act as chairmen of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals

Member of a panel of persons who may be appointed to serve on a Vaccine Damage Tribunal

Member of a panel of persons appointed under section 6 of the Social Security Act 1998

Any member of the Police Information Technology Organisation in receipt of remuneration

Any member of a residuary body established by virtue of section 18 of the Local Government etc. (Scotland) 1994 who is in receipt of remuneration

Any member of the Scottish Higher Education Funding Council in receipt of remuneration

Member of the staff of the State Pathology Service for Northern Ireland

Northern Ireland Commissioner for Complaints

Northern Ireland Commissioner for Protection Against Unlawful Industrial Action

Northern Ireland Commissioner for the Rights of Trade Union Members

Northern Ireland Parliamentary Commissioner for Administration

Officer or servant employed under the Commissioner of Police of the Metropolis or the Receiver for the Metropolitan Police District

Officer or servant of the Crown Estate Commissioners

Officer of the Supreme Court being the holder of any office listed in any Part of Schedule 2 to the Supreme Court Act 1981(62) or a district judge of the High Court

Parliamentary Commissioner for Administration

Parliamentary Commissioner for Standards

Pensions Ombudsman

Person appointed under section 3(1) of the Local Government and Housing Act 1989(63) to carry out functions relating to the political restriction of posts under local authorities within the meaning of Part I of that Act

Person appointed to hear and determine appeals under the Trade Marks Act 1994(64)

Person holding a politically restricted post, within the meaning of Part I of the Local Government and Housing Act 1989, under a local authority, within the meaning of that Part, or a National Park Authority

President of appeals tribunals (within the meaning of chapter I of Part I of the Social Security Act 1998 appointed under section 5 of that Act)

President of the Employment Tribunals (England and Wales), President of the Employment Tribunals (Scotland) or member of a panel of persons appointed to act as chairman or other members of employment tribunals

President of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals

President of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals for Northern Ireland

President of the Special Educational Needs Tribunal or member of a panel of persons appointed to act as chairman or other member of that Tribunal

President or Vice-President of Value Added Tax Tribunals or full-time chairman of Value Added Tax Tribunals

Public Works Loan Commissioner

The Rail Regulator

Receiver for the Metropolitan Police District

A regional returning officer for the purposes of the Scotland Act 1998

Registrar of the Privy Council

Registration Officer appointed under section 8(3) of the Representation of the People Act 1983(65)

Rent Officer appointed in pursuance of a scheme under section 63 of the Rent Act 1977

Rent Officer or deputy rent officer nominated under Schedule 5 to the Rent (Northern Ireland) Order 1978

Returning Officer under section 25(1) of the Representation of the People Act 1983 and any Deputy Returning Officer appointed by him

Scottish legal services ombudsman appointed under section 34 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(66)

Social fund Commissioner

Social fund Commissioner in Northern Ireland

Solicitor in Scotland to any department of Her Majesty's Government in the United Kingdom

Staff of the Scottish Parliament

Standing Counsel to any department of Her Majesty's Government in the United Kingdom

Statutory Officer appointed under section 70 of the Judicature (Northern Ireland) Act 1978(67)

Traffic Commissioner for any area constituted for the purposes of the Public Passenger Vehicles Act 1981(68)

PART IIOFFICE-HOLDERS DISQUALIFIED FOR PARTICULAR CONSTITUENCIES AND REGIONS

Explanatory Note

(This note is not part of the Order)

This Order specifies the office-holders who are disqualified from being a member of the Scottish Parliament. Part I of the Schedule specifies the office-holders which are disqualified from being a member of the Parliament and Part II of the Schedule specifies the office-holders which are disqualified from being a member of the Parliament but only for particular constituencies or regions.