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Paragraph 4 F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In appointing members of the Commission, the Scottish Ministers must—

(a)

ensure—

(i)

that each person appointed has knowledge of crofting;

(ii)

where sub-paragraph (2) applies, that at least one person appointed can speak the Gaelic language; and

(iii)

where sub-paragraph (3) applies, that at least one person appointed appears to Ministers to represent the interests of landlords of crofts; and

(b)

be satisfied that no person appointed has any financial or other interest that would be likely to affect prejudicially the exercise by that person of the functions of a member.

(2)

This sub-paragraph applies where none of the elected members can speak the Gaelic language.

(3)

This sub-paragraph applies where the Scottish Ministers consider that none of the elected members represents the interests of landlords of crofts.

(4)

The fact that a person is—

(a)

a crofter;

(b)

a landlord of a croft;

(c)

an owner-occupier of a croft;

(d)

a cottar; or

(e)

a member of the family of any such person,

does not of itself constitute an interest mentioned in sub-paragraph (1)(b).

(5)

No person may be appointed as a member of the Commission if that person is, or has at any time during the previous year been, a member of—

(a)

the House of Commons;

(b)

the Scottish Parliament;

(c)

the European Parliament.

Annotations

Textual amendments

F1

Sch. 1 substituted (1.10.2011 for specified purposes, 1.4.2012 in force in so far as not already in force) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 1 (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with arts. 4 5(1) 8); S.S.I. 2011/334, art. 3, sch. Pt. 2 (with arts. 4 5(3))