{
  "url": "https://openlegislation.uk/land-reform-scotland-act-2016/section-12",
  "json_url": "https://openlegislation.uk/land-reform-scotland-act-2016/section-12.json",
  "legislation": "asp/2016/18",
  "legislation_title": "Land Reform (Scotland) Act 2016",
  "legislation_url": "https://openlegislation.uk/land-reform-scotland-act-2016",
  "path": "section/12",
  "kind": "section",
  "number": "12",
  "heading": "Disqualification from membership",
  "text": "(1) A person may not be appointed as a member of the Commission if that person is or has been at any time during the previous 12 months—\n(a) a member of the House of Commons,\n(b) a member of the Scottish Parliament,\n(c) a member of the European Parliament,\n(d) an officer-holder of the Scottish Administration,\n(e) a councillor of any local authority.\n(2) A person may not be appointed as the Tenant Farming Commissioner if that person is the owner or tenant of land subject to a relevant tenancy.\n(3) In this Part “relevant tenancy” means—\n(a) a tenancy to which the 1991 Act applies, or\n(b) a tenancy under sections 4, 5, 5A or 5C of the 2003 Act (new types of tenancy).\n(4) A person's appointment as a member ceases if, during the person's period of appointment, any of subsection (1)(a) to (e) applies to that person.\n(5) A person's appointment as the Tenant Farming Commissioner ceases if, during the person's period of appointment, subsection (2) applies to that person.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 12(1)(2)(3)(a)(4)(5) in force at 1.11.2016 by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 12(3)(b) in force at 1.11.2016 for specified purposes by S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "word repealed",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "inserted",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "inserted",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2016/18/section/12",
    "retrieved_at": "2026-10-29T20:13:29.164181+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}