Accountability

28Strategic 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.

29Budgets

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).

30Accountable 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).

31Accounts 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.

32Annual 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.