PART 1SENTENCING

The Scottish Sentencing Council

12Business plan

1

The Council must, before the submission day for each period of 3 years, prepare and submit to the Scottish Ministers a plan (a “business plan”) describing how the Council proposes to carry out its functions during the period.

2

The “submission day” is—

a

for the period of 3 years beginning on the day on which this section comes into force, the day specified by order made by the Scottish Ministers,

b

for each succeeding period of 3 years, the first day of the period.

3

A business plan must—

a

be prepared in such form as the Scottish Ministers may direct,

b

contain the information specified in subsection (4) and such other information as they may direct, and

c

be submitted by such time as they may direct.

4

The information referred to in subsection (3)(b) is details of the matters in relation to which the Council proposes to prepare sentencing guidelines.

5

The Council may include in a business plan such other information as it considers appropriate.

6

In preparing a business plan, the Council must consult—

a

the Scottish Ministers,

b

the Lord Advocate,

c

the Lord Justice General, and

d

such other persons as it considers appropriate.

7

The Scottish Ministers must lay before the Scottish Parliament each business plan submitted to them.

8

The Council must, as soon as practicable after a business plan has been laid before the Parliament, publish it in such manner as it considers appropriate.

9

The Council may at any time during a period covered by a business plan review the plan for the period and submit to the Scottish Ministers a revised plan.

10

Subsections (3) to (8) apply to a revised plan as they apply to a business plan.