{
  "url": "https://openlegislation.uk/police-public-order-and-criminal-justice-scotland-act-2006/schedule-4/paragraph-2",
  "json_url": "https://openlegislation.uk/police-public-order-and-criminal-justice-scotland-act-2006/schedule-4/paragraph-2.json",
  "legislation": "asp/2006/10",
  "legislation_title": "Police, Public Order and Criminal Justice (Scotland) Act 2006",
  "legislation_url": "https://openlegislation.uk/police-public-order-and-criminal-justice-scotland-act-2006",
  "path": "schedule/4/paragraph/2",
  "kind": "paragraph",
  "number": "2",
  "heading": null,
  "text": "(1) A person is disqualified for appointment to the office of Commissioner if the person—\n(a) is or has been a member of—\n(i) the House of Lords;\n(ii) the House of Commons;\n(iii) the Scottish Parliament;\n(iv) the European Parliament; or\n(v) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);\n(b) is or has been a constable of the Police Service (or of a police force previously maintained under the Police (Scotland) Act 1967 (c.77));\n(c) is or has been a member of—\n(i) a police force maintained under section 2 of the Police Act 1996 (c. 16);\n(ii) the metropolitan police force or of the City of London police force;\n(iii) the Police Service of Northern Ireland;\n(iv) the Ministry of Defence Police appointed on the nomination of the Secretary of State under section 1 of the Ministry of Defence Police Act 1987 (c. 4);\n(v) the British Transport Police Force;\n(vi) the Civil Nuclear Constabulary;\n(vii) the States of Jersey Police Force;\n(viii) the salaried police force of the Island of Guernsey; or\n(ix) the Isle of Man Constabulary;\n(d) is or has been—\n(i) a special constable appointed under section 27 of the Police Act 1996 (c. 16);\n(ii) a member of the Police Service of Northern Ireland Reserve;\n(iii) a member of the Ministry of Defence Police by virtue of section 1(1)(b) of the Ministry of Defence Police Act 1987 (c. 4);\n(iv) a special constable of the British Transport Police Force; or\n(v) a member of any force of special constables established for the States of Jersey, the Island of Guernsey or the Isle of Man;\n(da) is or has been a member of the Authority;\n(e) is or has been a member of staff of the Authority or has been a member of staff of the body which was known as the Scottish Police Services Authority;\n(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(g) is or has been employed as a member of police staff or as a member of the Authority's staff or has been employed, by virtue of section 9 of the 1967 Act (employees other than constables) by a police authority or a joint police board;\n(h) has been a member of—\n(i) the National Criminal Intelligence Service or;\n(ii) the National Crime Squad; ...\n(i) ... has been a member of the Serious Organised Crime Agency or\n(j) is or has been a National Crime Agency officer.\n(2) The disqualification under sub-paragraph (1)(a) does not extend to any membership ending more than 3 years before the person is appointed to the office of Commissioner.\n(3) A person who has previously been appointed to the office of Commissioner is not eligible to be appointed again, except in accordance with sub-paragraph (4).\n(4) A person holding office as Commissioner may be reappointed on the expiry of the person's period of appointment, but only if—\n(a) the person has not previously been reappointed to the office; and\n(b) the Scottish Ministers consider that, by reason of special circumstances, it is desirable in the public interest.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 4 para. 2(1)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(17)(a)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Sch. 4 para. 2(1)(da) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(17)(a)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 4 para. 2(1)(e) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(17)(a)(iii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Sch. 4 para. 2(1)(f) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Sch. 4 para. 2(1)(g) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(17)(a)(iv); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Word in Sch. 4 para. 2(1)(h)(ii) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 172(a); S.I. 2013/1682, art. 3(v)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in Sch. 4 para. 2(1)(i) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 172(b)(i); S.I. 2013/1682, art. 3(v)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Word in Sch. 4 para. 2(1)(i) inserted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 172(b)(ii); S.I. 2013/1682, art. 3(v)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Sch. 4 para. 2(1)(j) inserted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 172(c); S.I. 2013/1682, art. 3(v)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2006/10/schedule/4/paragraph/2",
    "retrieved_at": "2026-10-29T20:16:12.377722+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."
}