Structure of the Act Membership
14.Section 8 deals with the detailed membership of the regulator. Subsection (2) provides for members to be appointed by Scottish Ministers (after normal public appointment procedures). Ministers have discretion to appoint the number of members they think is appropriate for the regulator, but must appoint a minimum of three members.
15.Section 9(1) sets out the categories of person who are disqualified from being members. These are MSPs, MPs, MEPs, office holders of the Scottish Administration, local councillors, employees of local councils and employees and officers of any registered social landlord. Subsection (2) allows Scottish Ministers to remove a member from office if they are satisfied that the member is an undischarged bankrupt or has been absent from meetings for over six consecutive months, is unable to discharge the member’s functions as a member or is unsuitable as a member. Section 165 explains what is meant by an “undischarged bankrupt”.
16.Section 10 allows the regulator to reimburse its members’ expenses incurred in carrying out their functions.