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

Section 3 Codes of conduct for members of devolved public bodies

7.This section requires each devolved public body, as listed in schedule 3, to draw up a “draft members’ code” for its own members and to submit it to Scottish Ministers within such time limit as Ministers specify, being not less than three months after the making of an order by the Scottish Ministers.

8.The draft members’ code will incorporate those mandatory provisions of the members’ model code which apply to that public body.  The draft members’ code may also include optional provisions from the model code and other provisions that are consistent with it.

9.Ministers may approve a draft members’ code, with or without modification, or may substitute a code of their own devising.  If a body fails to submit a draft code within the due time, Ministers may devise a code themselves.

10.Once such a code has been approved, substituted or devised it should be referred to as a “members’ code”.

11.Once approved, a members’ code will come into effect on a date fixed by Ministers and they will notify the relevant public body of that date.  Subsection (9) explains references to the members’ code in the remainder of the Act - when used in relation to a devolved public body, the phrase means the code applicable to that body.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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