Scottish Biometrics Commissioner Act 2020

6 Report on the Commissioner’s functions

(1) The Scottish Ministers must, before the expiry of the period of 12 months beginning with the day after the last day of the period to which the Commissioner’s first strategic plan relates—

(a) prepare and publish a report on the Commissioner’s functions, and

(b) lay a copy of the report before the Scottish Parliament.

(2) In preparing the report, the Scottish Ministers must consult such persons as they consider appropriate.

(3) The report must include an assessment of whether—

(a) the functions of the Commissioner remain appropriate,

(b) the powers conferred by sections 2(7) and 9(4) should be exercised.

(4) The Scottish Ministers must, before the expiry of the period of 5 years beginning with the day after the day on which the most recent relevant document was laid before the Scottish Parliament—

(a) prepare and publish—

(i) a report on the Commissioner’s functions, or

(ii) a statement setting out why they consider such a report to be unnecessary, and

(b) lay a copy of the report or statement before the Scottish Parliament.

(5) Subsections (2) and (3) apply to a report under subsection (4)(a)(i) as they apply to a report under subsection (1).

(6) In this section, “relevant document” means—

(a) a report under subsection (1) or (4)(a)(i), or

(b) a statement under subsection (4)(a)(ii).