Regulation 7 Eligibility in certain cases of persons who are not employeesI1

A person may be an active member if that person is an eligible officer.

These are eligible officers–

If a registration officer is an active member, the registration officer must be treated as being in employment with the local authority who are the local registration authority for the purposes of section 5 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965^f1 and by whom the registration officer was appointed or deemed to have been appointed under section 7 of that Act.

If a person mentioned in paragraph (2)(b) is an active member that person must be treated as being in the employment of the passenger transport executive.

A person who has been appointed as a rent officer under section 43 of the Rent (Scotland) Act 1984^f2 must be treated as being in employment of the local authority with whom the Scottish Ministers have made arrangements under that section to provide for the superannuation of the officer.

A member of a passenger transport executive or a director of a subsidiary of such an executive must be treated as being in employment with the relevant executive.

Regulation 8(1) (separate employments etc.) applies to the persons holding the positions specified in paragraph (6) as it applies to the employees specified in that regulation.

If a councillor member is an active member, the councillor must be treated as being in the whole time employment of the local authority of which the councillor is a member and references to employment by or under such an employer and all similar expressions shall be construed accordingly.