Scottish Parliamentary Commissions and Commissioners etc. Act 2010

1. Introductory Text

2. Part 1 The Commission for Ethical Standards in Public Life in Scotland: the Public Standards Commissioner for Scotland and the Public Appointments Commissioner for Scotland

   1. The Commission and the Commissioners

      1. 1. Establishment, members and functions of the Commission for Ethical Standards in Public Life in Scotland

      2. 2. Functions of the Commissioners

      3. 3. Status of Commission and Commissioners

      4. 4. Independence of Commissioners

      5. 5. Protection of Commission from actions for defamation

      6. 6. Designation of Chief Commissioner

      7. 7. Appointment of acting Commissioner

   2. Office of Commissioner

      1. 8. Disqualification

      2. 9. Terms of office and remuneration

      3. 10. Pensions etc.

      4. 11. Subsequent appointments etc. of former Commissioner

   3. General functions, procedures etc. of Commission

      1. 12. General powers

      2. 13. Payment of witnesses' expenses

      3. 14. Strategic plans

      4. 15. Procedure and validity of acts

      5. 16. Delegation

   4. Staff, advisers etc.

      1. 17. Staff

      2. 18. Advisers, assessors and other services

   5. Finance

      1. 19. Accountable officer

      2. 20. Budget

      3. 21. Funding

      4. 22. Accounts and audit

   6. Location of office and sharing of resources

      1. 23. Location of office

      2. 24. Sharing of premises, staff, services and other resources

   7. Annual reports

      1. 25. Annual reports

   8. Ombudsman’s investigations and freedom of information

      1. 26. Commission and Commissioners to be subject to investigations by Scottish Public Services Ombudsman

      2. 27. Commission and Public Appointments Commissioner for Scotland to be subject to Freedom of Information (Scotland) Act

   9. Interpretation

      1. 28. Interpretation of Part 1

3. Part 2 Amendments of provisions relating to other commissions and officeholders

   1. 29. Standardising and other amendments

4. Part 3 General

   1. 30. Interpretation

   2. 31. Short title, commencement, transfers and transitionals

5. 1. SCHEDULE 1

      Consequential amendments of enactments referred to in section 2(5)

      1. Part 1 The Ethical Standards Act

         1. 1. For section 9 (appointment and functions of Chief Investigating Officer)...

         2. 2. In sections 10(1) and (2), 11, 12(1), (4) and (5),...

         3. 3. In section 10(1) for “functions of that office” there is...

         4. 4. In sections 10(2), 12(4) and (5), 13(1), 14(3), 16(a) and...

         5. 5. In section 11 after “functions” there is inserted “under this...

         6. 6. In sections 11 and 13(3) for “that Officer's” there is...

         7. 7. In section 28(1)— (a) for the definition of “Chief Investigating...

         8. 8. In paragraph 2(1)(b) of schedule 1 after “functions” there is...

         9. 9. In the titles to sections 10 to 14 “Chief Investigating...

      2. Part 2 The Scottish Public Services Ombudsman Act 2002 (asp 11)

         1. 10. Paragraph 21 in Part 2 of schedule 2 to the...

      3. Part 3 The Parliamentary Standards Act

         1. 11. Sections 1 and 2 and schedule 1 (appointment, terms of...

         2. 12. In section 3(1) (functions of Scottish Parliamentary Standards Commissioner) for...

         3. 13. In section 16 (restriction on disclosure of information)—

         4. 14. In section 20 (interpretation)— (a) the definition of “acting Commissioner”...

      4. Part 4 The Public Appointments Act

         1. 15. Section 1 and schedule 1 (establishment, appointment etc. of Commissioner...

         2. 16. In section 2(1) (that Commissioner’s duty to prepare code of...

         3. 17. In section 20 (interpretation) for the definition of “the Commissioner”...

         4. 18. Paragraph 16(b) of schedule 4 (Commissioner for Public Appointments in...

         5. 19. Paragraph 17(c)(i) of that schedule (Commissioner for Public Appointments in...

      5. Part 5 The Public Services Reform (Scotland) Act 2010 (asp 8)

         1. 20. In schedule 5 (improvement of public functions: listed persons, bodies...

         2. 21. In schedule 6 (listed bodies and office-holders in respect of...

         3. 22. In schedule 8 (listed persons, bodies and office-holders obliged to...

   2. SCHEDULE 2

      Amendments of the Ethical Standards Act

      1. 1. Procedure for appointments and orders conferring functions

      2. 2. Witnesses' expenses

      3. 3. Protection from actions of defamation

      4. 4. Application of paragraphs 5 to 16

      5. 5. Land, charges, location of office and sharing of resources

      6. 6. After paragraph 2 there is inserted— Location of office The Commission shall comply with any direction given by the...

      7. 7. Procedure for appointment of convener

      8. 8. Members' terms of office, subsequent appointments etc.

      9. 9. After paragraph 5 (as inserted by paragraph 8 above) there...

      10. 10. Employees, remuneration and pensions, advisers etc.

      11. 11. Paragraph 8 (remuneration, pensions etc. of Chief Investigating Officer and...

      12. 12. Before paragraph 9 there is inserted— Advisers and other services...

      13. 13. Strategic plans

      14. 14. Finance

      15. 15. Paragraph 11 (expenses) is repealed.

      16. 16. Annual reports

      17. 17. Terms and conditions of office, staff and status of Chief Investigating Officer

   3. SCHEDULE 3

      Amendments of the Scottish Public Services Ombudsman Act 2002 (asp 11)

      1. 1. Investigations and reports

      2. 2. In section 11 (decisions not to investigate)—

      3. 3. After subsection (6) of section 12 (investigation procedure) there is...

      4. 4. In section 13 (evidence) after subsection (9) there is inserted—...

      5. 5. In section 15 (reports on investigations)— (a) at the beginning...

      6. 6. Annual reports

      7. 7. Strategic plans

      8. 8. Confidentiality of information

      9. 9. In section 23(1) (interpretation) the definition of “patient” is repealed....

      10. 10. Application of paragraphs 11 to 19

      11. 11. Disqualification, terms of office, status, removal etc.

      12. 12. In paragraph 2 (status of Ombudsman)— (a) after sub-paragraph (2)...

      13. 13. In paragraph 4 (period of office, tenure etc.)—

      14. 14. Advisers and other services

      15. 15. Land, location of office, sharing of resources and charges

      16. 16. After paragraph 12 there is inserted— Location of office The Ombudsman must comply with any direction given by the...

      17. 17. Budget

      18. 18. Finance

      19. 19. Paragraph 13 (as amended by paragraph 18 above) is renumbered...

      20. 20. Prison management etc.

      21. 21. Matters excluded from investigation

   4. SCHEDULE 4

      Amendments of the Freedom of Information (Scotland) Act 2002 (asp 13)

      1. 1. The Commissioner: terms and period of office, removal and independence

      2. 2. Advice and other services

      3. 3. Expenses

      4. 4. After subsection (11) of that section there is inserted—

      5. 5. Charges

      6. 6. Annual reports

      7. 7. Strategic plans

      8. 8. Application of paragraph 9 onward

      9. 9. Legal status

      10. 10. Staff

      11. 11. Budget

      12. 12. Land, location of office, sharing of resources

      13. 13. After paragraph 6 there is inserted— Location of office The Commissioner must comply with any direction given by the...

      14. 14. Subsequent appointments

   5. SCHEDULE 5

      Amendments of the Commissioner for Children and Young People (Scotland) Act 2003 (asp 17)

      1. 1. The Commissioner: period of appointment, removal etc.

      2. 2. In section 3 (removal of Commissioner) for subsections (1)(b) and...

      3. 3. Annual reports

      4. 4. Strategic plans

      5. 5. Application of paragraph 6 onward

      6. 6. Status and independence

      7. 7. In paragraph 2(2) (respects in which the Commissioner is subject...

      8. 8. Disqualification

      9. 9. Subsequent appointments

      10. 10. Land, charges, location of office, sharing of resources, staff and advisers and other services

      11. 11. After paragraph 6 there is inserted— Location of office The Commissioner must comply with any direction given by the...

      12. 12. In paragraph 7(2) (terms of appointment of staff) after “terms”...

      13. 13. After paragraph 7 there is inserted— Sharing of premises, staff,...

      14. 14. Finance and budget

      15. 15. After paragraph 9 there is inserted— Budget (1) The Commissioner must, before the start of each financial...

   6. SCHEDULE 6

      Amendments of the Scottish Commission for Human Rights Act 2006 (asp 16)

      1. 1. Strategic plans

      2. 2. Annual report

      3. 3. Application of paragraph 4 onward

      4. 4. Independence: exceptions

      5. 5. Members of the Commission: period of office, removal, and other and subsequent appointments

      6. 6. After paragraph 6 there is inserted— Subsequent appointments etc. (1) A person who has ceased to be a member...

      7. 7. Land, location of office, advisers and other services, sharing of resources and finance

      8. 8. For paragraph 10 (location of office) there is substituted— Location...

      9. 9. After paragraph 11 there is inserted— Advisers and other services...

      10. 10. In paragraph 12 (sharing of premises, staff, services and other...

      11. 11. After paragraph 13 there is inserted— Budget (1) The Commission must, before the start of each financial...

      12. 12. For paragraph 14(1) (payment of Commissioners' remuneration and Commission’s expenses)...

   7. SCHEDULE 7

      Transfer of staff, property and liabilities and transitional and saving provisions

      1. Part 1 Transfer of staff, property and liabilities to Commission for Ethical Standards in Public Life in Scotland

         1. 1. Staff

         2. 2. Property and liabilities

      2. Part 2 Transitional and saving provisions

         1. 3. Undetermined processes under Ethical Standards, Parliamentary Standards and Public Appointments Acts

         2. 4. Current appointments of assessors by the Commissioner for Public Appointments in Scotland

         3. 5. New Commission’s first budget

         4. 6. Scottish Parliamentary Standards Commissioner’s last annual report

         5. 7. Other annual reports

         6. 8. The Scottish Parliamentary Standards Commissioner

         7. 9. Commissioner for Public Appointments in Scotland

         8. 10. Members of the Standards Commission

         9. 11. Commissioner for Children and Young People and the Public Services Ombudsman

         10. 12. Members of the Scottish Commission for Human Rights

         11. 13. General provisions about reappointment