Genre: Legal

The Commission shall not be regarded as the servant or agent of the Crown , or as having any status , immunity or privilege of the Crown , nor shall its members or employees be regarded as civil servants , nor its property as property of , or held on behalf of , the Crown . General powers 2 The Commission may do anything which appears to it to be necessary or expedient for the purposes of , or in connection with , the exercise of its functions ; and without prejudice to that generality the Commission may in particular - ( a ) acquire and dispose of land and other property ; and ( b ) enter into contracts . Membership 3 ( 1 ) The Commission shall consist of the following members appointed by Her Majesty on the recommendation of the Scottish Ministers - ( a ) a member appointed to serve as convener ; ( b ) a minimum of three members , who have such qualifications , training and experience as may be prescribed by regulations , appointed to serve as medical commissioners ; and ( c ) other members who meet such other requirements as may be so prescribed . ( 2 ) The person who holds the post of chief officer of the Commission shall - ( a ) be a member ex officio of the Commission ; and ( b ) cease automatically to hold office as such member on ceasing to hold that post . ( 3 ) The Scottish Ministers may , after consulting such persons , or groups of persons , as they consider appropriate , by order - ( a ) amend sub-paragraph ( 1 ) above by - ( i ) adding to that sub-paragraph categories of members ; or ( ii ) removing from it a category which is for the time being set out there ; ( b ) specify the number ( including a minimum or maximum number ) of - ( i ) the members of the Commission ; or ( ii ) any category of member , that may be appointed under sub-paragraph ( 1 ) above ; ( c ) specify the maximum term of appointment ( including any reappointment ) of a member appointed under that sub-paragraph ; or ( d ) amend sub-paragraph ( 2 ) above by adding to it further posts , the holders of which shall - ( i ) be members ex officio of the Commission ; and ( ii ) cease to be such members on ceasing to hold such posts . Terms of office etc. 4 ( 1 ) The provisions of this paragraph apply as respects a person appointed as member under paragraph 3 ( 1 ) above . ( 2 ) Subject to the provisions of this schedule , the appointment shall be on such terms and conditions as the Scottish Ministers may determine . ( 3 ) Subject to section 23 of the Ethical Standards in Public Life etc. ( Scotland ) Act 2000 ( asp 7 ) , a person holds and vacates office as member in accordance with the terms of appointment of that person . ( 4 ) A person may resign office as member at any time by notice to the Scottish Ministers . Eligibility for reappointment 5 Subject to paragraph 3 ( 3 ) ( c ) above , a person who ceases , otherwise than by virtue of section 23 of the Ethical Standards in Public Life etc. ( Scotland ) Act 2000 ( asp 7 ) , to be a member of the Commission is eligible for reappointment . Remuneration , pensions , allowances etc. 6 The Commission shall pay - ( a ) to its members ( and to the members of its committees and sub-committees who are not members of the Commission ) such remuneration and allowances - ( i ) on such terms ; and ( ii ) subject to such conditions , as the Scottish Ministers may determine ; ( b ) to , or in respect of , persons who have been a member of it ( or such members of committees and sub-committees as are mentioned in paragraph ( a ) above ) such pensions , allowances and gratuities - ( i ) on such terms ; and ( ii ) subject to such conditions , as the Scottish Ministers may determine ; or ( c ) to any person who ceases , other than on the expiry of a term of office , to be a member of it , such compensation as the Scottish Ministers may determine . Appointment etc. of chief officer and other staff 7 ( 1 ) Subject to sub-paragraphs ( 2 ) and ( 3 ) below , the Commission - ( a ) shall appoint a chief officer ; and ( b ) may appoint such other staff as it considers appropriate , on such terms and conditions as it may , with the approval of the Scottish Ministers , determine . ( 2 ) A member of the Commission may not be appointed as a member of its staff . ( 3 ) The Commission shall obtain the approval of the Scottish Ministers before appointing a chief officer . ( 4 ) The Commission may pay to the members of its staff , including its chief officer , ( referred to in this paragraph collectively as " employees " ) such remuneration and allowances as the Scottish Ministers may determine . ( 5 ) The Commission may - ( a ) pay , or make arrangements for the payment of ; ( b ) make payments towards the provision of ; and ( c ) provide and maintain schemes ( whether contributory or not ) for the payment of , such pensions , allowances and gratuities to or in respect of such of its employees , or former employees , as the Scottish Ministers may determine . ( 6 ) The reference in sub-paragraph ( 5 ) above to pensions , allowances and gratuities includes a reference to pensions , allowances and gratuities by way of compensation for loss of employment or reduction in remuneration . ( 7 ) A determination under sub-paragraph ( 4 ) or ( 5 ) above may make different provision for different cases or descriptions of case . Regulations as to proceedings and delegation of functions 8 ( 1 ) Subject to sub-paragraph ( 2 ) below , regulations may make provision as to - ( a ) the appointment of and composition of committees and sub-committees of the Commission ( including committees and sub-committees which consist of or include persons who are not members of the Commission ) ; ( b ) the procedure of the Commission and of any of its committees or sub-committees ( including the constitution of a quorum and the validation of proceedings in the event of vacancies or of defects in appointment ) ; ( c ) the exercise of functions by any such committee or sub-committee ; ( d ) the delegation by the Commission of any of its functions to any of its committees , sub-committees , members or staff ; and ( e ) what functions the Commission shall not so delegate . ( 2 ) Before making regulations under sub-paragraph ( 1 ) above , the Scottish Ministers shall consult such persons , or groups of persons , as they consider appropriate . Accounts 9 The following provisions of the National Health Service ( Scotland ) Act 1978 ( c . 29 ) shall continue to apply to the Commission as they apply to a Special Health Board - ( a ) section 85 ( which makes provision for payment of funds by the Scottish Ministers towards expenditure attributable to performance of functions by the Board ) ; ( b ) section 85A ( 1 ) and ( 3 ) ( which imposes corresponding financial duties on the Board ) ; and ( c ) section 86 ( which provides for the keeping , transmission to Scottish Ministers and auditing , of accounts ) .