Commentary on Sections

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

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

33.Section 1 establishes a corporate body to be known as the “Commission for Ethical Standards in Public Life in Scotland” (“CESPLS”). The CESPLS is to have organisational and administrative functions much like the Parliamentary corporation provides to members of the Scottish Parliament. The Commission’s functions are provided for at subsection (7). These functions are administrative in nature and ensure that the Commission provides the Commissioners with the property, staff and services needed to fulfil their functions. This subsection also makes provision for the Commission to make reasonable and practical arrangements to co‑ordinate the functions of the Commissioners, for example to obtain public relations services or organise events.

34.Subsection (2) provides that the Commission is to be composed of two members who are to be known as the Public Standards Commissioner for Scotland and the Public Appointments Commissioner for Scotland as per subsections (3) and (4). The members (the Commissioners) are to be appointed by the Parliamentary corporation with the agreement of the Parliament. Subsection (5) indicates that they have the functions transferred to them by sections 2(1) and (2).