The National Health Service Pension Scheme (Scotland) Regulations 2015

Regulation 5

SCHEDULE 2 Scheme advisory board

Composition of the scheme advisory board

1.—(1) The composition of the scheme advisory board (“the advisory board”) is to be determined from time to time by the Scottish Ministers having regard to the nature of the advice which that board may be required to provide.

(2) The members of the advisory board are to be appointed by the Scottish Ministers.

(3) The Scottish Ministers cannot appoint a person to be a member of the advisory board unless satisfied that the person does not have a conflict of interest.

Disqualification from appointment as a member

2.  A person is disqualified from appointment as a member of the advisory board if that person has a conflict of interest.

Appointment, term of office and cessation of office of chair

3.—(1) The Scottish Ministers must appoint a person to act as chair of the advisory board.

(2) A member serving as chair shall cease to be chair—

(a) on ceasing to be a member;

(b) if the member resigns as chair, which the member may do at any time by giving a minimum of three months’ notice (or such shorter period as the Scottish Ministers are prepared to accept) in writing to the scheme manager;

(c) if the member’s membership of the advisory board is suspended by the Scottish Ministers.

Quorum of the scheme advisory board

4.  The quorum of the board is 50% of the membership, of which there must be at least one member who is a representative of employers and one member who is a representative of scheme members.

Conflicts of interest

5.—(1) The scheme manager must, from time to time, be satisfied that none of the members of the advisory board has a conflict of interest.

(2) For the purpose of enabling the scheme manager to be satisfied that a person referred to in sub-paragraph (3) does not have a conflict of interest, that person must provide the scheme manager with such information as the scheme manager reasonably requires.

(3) Those persons are—

(a) a member of the advisory board;

(b) a person proposed to be appointed by the Scottish Ministers as a member of the advisory board.