Introductory Text
Establishment
1.Scottish Biometrics Commissioner
Functions
2.Functions
3.Power to work with others
4.General powers
5.Duty to comply with directions
6.Report on the Commissioner's functions
Code of practice
7.Code of practice
8.Key considerations in preparing the code
9.Effect of the code
10.Consultation on the code
11.Further procedure in relation to the first code
12.Approval of the code
13.Bringing the code into effect
14.Report on the code
15.Complaints about failures to comply with the code
Information-gathering
16.Power to gather information
17.Failure to comply with an information notice
18.Admissibility of statements in criminal proceedings
19.Offence of Commissioner's office disclosing confidential information
Reporting
20.Reports and recommendations
21.Requirement to respond to reports
22.Publication of responses to reports
Compliance notices
23.Compliance notices
24.Content of a compliance notice
25.Variation of a compliance notice
26.Revocation of a compliance notice
27.Failure to comply with a compliance notice
Accountability
28.Strategic plans
29.Budgets
30.Accountable officer
31.Accounts and audit
32.Annual report
Advisory group
33.Advisory group
Meaning of key terms
34.Meaning of “biometric data”
35.Power to change meaning of “biometric data”
36.Interpretation
Final provisions
37.Regulations
38.Ancillary provision
39.Application of public authorities legislation
40.Commencement
41.Short title
SCHEDULE 1
The office of Scottish Biometrics Commissioner
Status
1.(1) The Commissioner— (a) is not a servant or agent...
Appointment
2.(1) The office of Commissioner is to be held by...
Disqualification from appointment
3.An individual is disqualified from holding the office of Commissioner...
Tenure
4.Subject to paragraph 5, the Commissioner holds office for such...
Early termination
5.(1) The Commissioner's appointment ends if— (a) the Commissioner is...
Validity of things done
6.The validity of anything done by the Commissioner is not...
Remuneration and pensions, etc.
7.(1) The Parliamentary corporation may pay the Commissioner such remuneration...
Subsequent appointments etc.
8.(1) A person who has ceased to be the Commissioner...
Other terms and conditions
9.(1) The Parliamentary corporation may, subject to any provision made...
Temporary appointments
10.(1) This paragraph applies during any period when—
Appointment of staff
11.The Commissioner may, with the consent of the Parliamentary corporation...
Staff terms and conditions
12.Staff appointed by the Commissioner are appointed on such terms...
Staff pensions
13.(1) The Commissioner may, with the approval of the Parliamentary...
Authority to perform functions
14.(1) The Commissioner may authorise any person to perform such...
SCHEDULE 2
Application of public authorities legislation
Scottish Public Services Ombudsman Act 2002
1.In Part 2 of schedule 2 of the Scottish Public...
Freedom of Information (Scotland) Act 2002
2.In Part 7 of schedule 1 of the Freedom of...
Public Services Reform (Scotland) Act 2010
3.In the Public Services Reform (Scotland) Act 2010—
Public Records (Scotland) Act 2011
4.In the schedule of the Public Records (Scotland) Act 2011...
Procurement Reform (Scotland) Act 2014
5.In Part 3 of the schedule of the Procurement Reform...