Scottish Biometrics Commissioner Act 2020

Accountability

28 Strategic plans

(1) The Commissioner must, in respect of each 4 year period—

(a) prepare and publish a strategic plan, and

(b) lay a copy of the plan before the Scottish Parliament before the beginning of the 4 year period to which it relates.

(2) Before publishing a strategic plan, the Commissioner must consult on a draft of it with—

(a) the Parliamentary corporation, and

(b) such other persons as the Commissioner considers appropriate.

(3) A strategic plan is a plan setting out how the Commissioner proposes to perform the Commissioner’s functions during the period covered by the plan and, in particular, setting out—

(a) what the Commissioner’s objectives and priorities are for that period,

(b) how the Commissioner proposes to achieve them,

(c) what the timetable is for doing so, and

(d) what the estimated costs are of doing so.

(4) The Commissioner may, at any time, review and revise a strategic plan.

(5) Where the Commissioner revises a strategic plan—

(a) subsections (1) to (4) apply to the revised strategic plan as they apply to the original strategic plan,

(b) the reference in subsection (1) to the 4 year period is to be read as a reference to the period to which the revised strategic plan relates.

(6) In this section, “4 year period” means—

(a) the period of 4 years beginning with 1 April next following the coming into force of this section, and

(b) each subsequent period of 4 years.

29 Budgets

(1) The Commissioner must, before the start of each financial year—

(a) prepare proposals for the Commissioner’s use of resources and expenditure during the year (a “budget”), and

(b) by such date as the Parliamentary corporation determines, send the budget to it for approval.

(2) The Commissioner may, in the course of a financial year, prepare a revised budget for the remainder of the year and send it to the Parliamentary corporation for approval.

(3) In preparing a budget or revised budget, the Commissioner must ensure that the Commissioner’s resources will be used economically, efficiently and effectively.

(4) A budget or revised budget must contain a statement confirming that the Commissioner has complied with the duty under subsection (3).

30 Accountable officer

(1) The Parliamentary corporation must designate the Commissioner or a member of the Commissioner’s staff as the accountable officer for the purposes of this section.

(2) The functions of the accountable officer are—

(a) signing the accounts of the expenditure and receipts of the Commissioner,

(b) ensuring the propriety and regularity of the finances of the Commissioner,

(c) ensuring that the resources of the Commissioner are used economically, efficiently and effectively, and

(d) where the accountable officer is not the Commissioner, the duty set out in subsection (3).

(3) The duty referred to in subsection (2)(d) is a duty, where the accountable officer is required to act in a way that the accountable officer considers would be inconsistent with the proper performance of the functions specified in subsections (2)(a) to (c), to—

(a) obtain written authority from the Commissioner before taking the action, and

(b) send a copy of that authority as soon as possible to the Auditor General for Scotland.

(4) The accountable officer is answerable to the Scottish Parliament for the performance of the functions in subsection (2).

31 Accounts and audit

(1) The Commissioner must—

(a) keep proper accounts and accounting records,

(b) prepare in respect of each financial year a statement of accounts, and

(c) send a copy of the statement to the Auditor General for Scotland for auditing.

(2) The Commissioner must comply with any directions which the Scottish Ministers give the Commissioner in relation to the matters mentioned in subsection (1)(a) and (b).

(3) The Commissioner must make the audited statement of accounts available, without charge, for inspection at all reasonable times.

32 Annual report

(1) The Commissioner must, in respect of each financial year—

(a) prepare and publish a report on the Commissioner’s activities during that year, and

(b) lay a copy of the report before the Scottish Parliament before the expiry of the period of 7 months beginning with the last day of that year.

(2) The report must include—

(a) a review of issues identified by the Commissioner in the financial year as being relevant to the use of biometric data for criminal justice and police purposes,

(b) a review of the Commissioner’s activity in that year, including the steps taken to fulfil each of the Commissioner’s functions,

(c) any recommendations by the Commissioner arising out of such activity.