Ethical Standards in Public Life etc. (Scotland) Act 2000

28 Definitions S

(1) In Parts 1 and 2 and this Part of this Act—

• [F1 “Commissioner” means the Commissioner for Ethical Standards in Public Life in Scotland;]

• “the Commission” means the Standards Commission for Scotland set up by section 8 above;

• “council” means a council constituted by section 2 of the Local Government etc. (Scotland) Act 1994 (c.39);

• “councillor” shall be construed accordingly;

• “councillors’ code” means the code of conduct for councillors for which provision is made in section 1 above;

• “devolved public body” means a body listed in schedule 3 to this Act;

• [F2 “investigation” means an investigation under this Act;]

• “joint board” and “joint committee” have the meanings respectively given by section 235 of the Local Government (Scotland) Act 1973 (c.65);

• [F3 “member”, in relation to the Scottish National Investment Bank p.l.c., means that company's directors (and “membership” is to be construed accordingly);]

• “members’ code” means a code of conduct for members of a devolved public body for which code provision is made in section 3 above;

• “members’ model code” means the model code for members of devolved public bodies issued under section 2(1) above;

• “Ministers” means the Scottish Ministers.

(2) Ministers may by order modify schedule 3 to this Act by—

(a) adding to the bodies listed there any Scottish public authority with mixed functions or no reserved functions;

(b) deleting the entry relating to any body listed there.

(3) An order under subsection (2) above may contain such provisions as appear to Ministers to be necessary or expedient in connection with the addition or deletion effected by the order, including provisions modifying the application of this Act or any other enactment to the body to which the order relates.

(4) An order under subsection (2) above shall be made by statutory instrument.

(5) A statutory instrument made under this section shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

Textual Amendments

F1 Words in s. 28(1) substituted (1.7.2013) by The Public Services Reform (Commissioner for Ethical Standards in Public Life in Scotland etc.) Order 2013 (S.S.I. 2013/197), art. 1, sch. 2 para. 7 (with sch. 4 para. 3)

F2 S. 28(1): definition of "investigation" inserted after "devolved public body" (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 2(5), 31(5), sch. 1 para. 7 (with s. 31(6), sch. 7)

F3 Words in s. 28(1) inserted (16.9.2020) by Scottish National Investment Bank Act 2020 (asp 3), s. 35(2), sch. para. 1(2); S.S.I. 2020/272, reg. 2