Section 3.9. During the absence of the Head of State from Scotland, or inability to perform his or her duties, the constitutional powers and functions of the Head of State stated in Section (3) of this article may be delegated to a designated Commissioner. The Executive will appoint the Commissioner, on the nomination of the Parliamentary Bureau. No serving Member of Parliament, or Minister, may serve as the Commissioner.
Please scrutinise all the proposed amendments and replies before commenting or voting. Short comments are most often read and must not exceed 100 words. You can propose an Amendment at the bottom of this page - please read the guidelines .
Note that the original wording appears again first below and sustains the same comment & voting regime as all other amendment proposals.
Section 3.9. Section 3.9. During the absence of the Head of State from Scotland, or inability to perform his or her duties, the constitutional powers and functions of the Head of State stated in Section (3) of this article may be delegated to a designated Commissioner. The Executive will appoint the Commissioner, on the nomination of the Parliamentary Bureau. No serving Member of Parliament, or Minister, may serve as the Commissioner.
Section 3.9. Am I right that this clause is written in such a way that it does not preclude the possibility of "The Queen" (or whoever it might be at the time) being the HoS, with a permanent "Commissioner" (could there be a more impressive title?) as the acting HoS at all times except when "The Queen" is resident here? Is this the Canadian model? Would it be possible to start independence with "The Queen" in this position, then replace "her" at a later date? Would this avoid opposition to independence from Royalists, and save having to achieve independence and republic at the same time? Or have I misread?
Section 3.9. Section 3.9. Section 3.9. During the absence of the President of the Republic from Scotland, or inability to perform his or her duties, the constitutional powers and functions of the President of the Republic stated in Section (3) of this article will be exercised by the Presiding Officer of the Parliament.
While acting as President, the Presiding Officer will not exercise his or her powers as Presiding Officer or as an MSP.
Proposed Amendments to Section
Please scrutinise all the proposed amendments and replies before commenting or voting. Short comments are most often read and must not exceed 100 words.
You can propose an Amendment at the bottom of this page - please read the guidelines .
Note that the original wording appears again first below and sustains the same comment & voting regime as all other amendment proposals.
Original Version
Section 3.9. Section 3.9. During the absence of the Head of State from Scotland, or inability to perform his or her duties, the constitutional powers and functions of the Head of State stated in Section (3) of this article may be delegated to a designated Commissioner. The Executive will appoint the Commissioner, on the nomination of the Parliamentary Bureau. No serving Member of Parliament, or Minister, may serve as the Commissioner.
Section 3.9. Will the Commissioner be appointed at the outset or would this only happen when Head of State is absent?
Section 3.9. Kenny - I'd guess an Honorary Depute H of S would be appointed at the same tine as the H of S.
Section 3.9. That sounds like a good idea, having a deputy appointed at the same time rather than the matter having to be dealt with as an emergency.
One question about the main proposal has to be about "The Executive". Who is that? Is it the elected government?
Section 3.9. Yes - the collective responsibility of the Cabinet
Section 3.9. Am I right that this clause is written in such a way that it does not preclude the possibility of "The Queen" (or whoever it might be at the time) being the HoS, with a permanent "Commissioner" (could there be a more impressive title?) as the acting HoS at all times except when "The Queen" is resident here? Is this the Canadian model? Would it be possible to start independence with "The Queen" in this position, then replace "her" at a later date? Would this avoid opposition to independence from Royalists, and save having to achieve independence and republic at the same time? Or have I misread?
Proposed Amendment to Section 3.9.
Presiding officer
Section 3.9. Section 3.9. Section 3.9. During the absence of the President of the Republic from Scotland, or inability to perform his or her duties, the constitutional powers and functions of the President of the Republic stated in Section (3) of this article will be exercised by the Presiding Officer of the Parliament.
While acting as President, the Presiding Officer will not exercise his or her powers as Presiding Officer or as an MSP.
Section 3.9. The common practice in almost all European states is that the speaker of parliament acts as President.