Part 1THE COMMISSIONER FOR ETHICAL STANDARDS IN PUBLIC LIFE IN SCOTLAND

General functions, procedures etc. of F1Commissioner

12General powers

(1)

The F2Commissioner may do anything which appears—

(a)

necessary or expedient for the purpose of or in connection with, or

(b)

conducive to,

the performance of F3the Commissioner’s functions or the efficiency of F3the Commissioner’s administration.

(2)

In particular, the F4Commissioner may—

(a)

enter into contracts,

(b)

acquire and dispose of land and other property.

(3)

The exercise of the power to acquire or dispose of land is subject to the approval of the Parliamentary corporation.

(4)

The F5Commissioner may determine and charge reasonable sums for anything done or provided by F6, or on behalf of, the Commissioner in the performance of, or in connection with, the Commissioner’s functions.

(5)

The F7Commissioner must retain any sums received F8... by virtue of subsection (4) and apply them to meet expenditure incurred in doing or providing whatever is charged for.

13Payment of witnesses' expenses

The F9Commissioner may pay to persons giving evidence, producing documents or providing information under section 13 of the Ethical Standards Act or section 13 of the Parliamentary Standards Act such allowances or expenses as F10the Commissioner may, with the approval of the Parliamentary corporation, determine.

14Strategic plans

(1)

The F11Commissioner must, in respect of each 4 year period, lay before the Parliament a plan (referred to in this section as a “strategic plan”) setting out how the F12Commissioner proposes to perform the Commissioner’s functions during the 4 year period.

(2)

A strategic plan must, in particular, set out—

(a)

the F13... Commissioner's objectives and priorities during the 4 year period,

(b)

how the F14Commissioner proposes to achieve them,

(c)

timetables for doing so, and

(d)

estimates of the costs of doing so.

(3)

Before laying a strategic plan before the Parliament, the F15Commissioner must provide a draft of it to and invite, and (if any are given) consider, comments on it from—

(a)

the Parliamentary corporation, and

(b)

such other persons as the F16Commissioner thinks appropriate.

(4)

The reference in subsection (3)(b) to other persons includes a reference to a committee of the Parliament.

(5)

The F17Commissioner must lay each strategic plan before the Parliament not later than the beginning of the 4 year period to which the plan relates.

(6)

The F18Commissioner must arrange for the publication of each strategic plan laid before the Parliament.

(7)

The F19Commissioner may, at any time during a 4 year period, review the strategic plan for the period and lay a revised strategic plan before the Parliament.

(8)

Subsections (2) to (7) apply to a revised strategic plan as they apply to a strategic plan.

(9)

In that application, the reference in subsection (5) to the 4 year period is a reference to the period to which the revised strategic plan relates.

(10)

In this section, “4 year period” means the period of four years beginning on 1 April next following the coming into force of this section and each subsequent period of four years.

15F20Validity of acts

F21(1)

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F22(2)

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(3)

The validity of acts of F23the Commissioner is not affected by—

(a)

any defect in the appointment of the Commissioner, or

(b)

any disqualification from appointment as F23the Commissioner of the person bearing to be the Commissioner.

F24(4)

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16Delegation

F25(1)

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F25(2)

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(3)

Any function of F26the Commissioner may be performed on the Commissioner's behalf by any person (whether or not F27... a member of the F28Commissioner’s staff) authorised by the Commissioner to do so, and to the extent so authorised.

(4)

Subsection (3) does not affect the responsibility of F29the Commissioner for the performance of F30the Commissioner's functions.