Victims, Witnesses, and Justice Reform (Scotland) Act 2025

Schedule 1 The office of Victims and Witnesses Commissioner for Scotland

(introduced by section 1(2))

Part 1 Status and independence

Status

1 (1) The Commissioner is, as Commissioner, to be regarded as a juristic person distinct from the individual for the time being holding the office.

(2) The Commissioner—

(a) is not a servant or agent of the Crown, and

(b) does not enjoy any status, immunity, or privilege of the Crown.

(3) The Commissioner’s property is not to be regarded as property of, or property held on behalf of, the Crown.

(4) Individuals working as the Commissioner’s staff are not, on that account, to be regarded as civil servants.

Independence

2 (1) The Commissioner is not, except as provided in the provisions listed in sub-paragraph (2), subject to the direction or control of—

(a) any member of the Scottish Parliament,

(b) the Scottish Ministers, or

(c) the Parliamentary corporation.

(2) The provisions referred to in sub-paragraph (1) are—

(a) sections 5(2) and (3), 7(2), and 18(5), and

(b) paragraphs 5, 6(3), 8, 9, 10, 11, 12, 13(1), 15(1), 16(1) and (2), 17(1) and (4), and 18(2) of this schedule.

Part 2 Appointment, termination and terms and conditions

Appointment

3 (1) The office of Commissioner is to be held by an individual appointed by His Majesty on the nomination of the Scottish Parliament.

(2) An individual may not be appointed to hold the office of Commissioner if the individual is disqualified under paragraph 4.

(3) An individual who holds or has held the office of Commissioner may not be reappointed.

Disqualification from appointment

4 An individual is disqualified from holding the office of Commissioner if the individual is or, within the year preceding the date on which the appointment is to take effect, has been—

(a) a member of the Scottish Parliament,

(b) a member of the House of Commons,

(c) a member of the House of Lords, or

(d) a person who is, or who is a member, employee or appointee of, a criminal justice body.

Tenure

5 Subject to paragraph 6, the Commissioner holds office for such period, not exceeding 8 years, as the Parliamentary corporation determines at the time of appointment.

Early termination

6 (1) The Commissioner’s appointment ends if—

(a) the Commissioner is relieved of office by His Majesty at the Commissioner’s request,

(b) the Commissioner becomes disqualified from holding office (see paragraph 4), or

(c) the Commissioner is removed from office in accordance with sub-paragraph (2).

(2) The Commissioner may be removed from office by His Majesty if—

(a) either of the conditions in sub-paragraph (3) is met, and

(b) the number of members voting in favour of the resolution referred to in the condition in question is at least two thirds of the total number of seats for members of the Scottish Parliament.

(3) The conditions are—

(a) that—

(i) the Parliamentary corporation is satisfied that the Commissioner has breached the Commissioner’s terms and conditions of appointment, and

(ii) the Parliament resolves that the Commissioner should be removed from office for that breach,

(b) the Parliament resolves that it has lost confidence in the Commissioner’s willingness, suitability or ability to perform the Commissioner’s functions.

Validity of things done

7 The validity of anything done by the Commissioner is not affected by—

(a) a defect in the nomination of the Commissioner,

(b) the disqualification of an individual as the Commissioner after appointment.

Remuneration and pensions, etc.

8 (1) The Parliamentary corporation may pay the Commissioner such remuneration and allowances (including expenses) as the Parliamentary corporation determines.

(2) The Parliamentary corporation must indemnify the Commissioner in respect of any liabilities incurred by the Commissioner in the exercise of the Commissioner's functions.

(3) The Parliamentary corporation may pay, or make arrangements for the payment of, such pensions, allowances and gratuities to, or in respect of, any individual who holds or has held the office of Commissioner as the Parliamentary corporation determines.

(4) Those arrangements may include—

(a) making payments towards the provision of those pensions, allowances and gratuities,

(b) providing and maintaining schemes for the payment of those pensions, allowances and gratuities.

(5) The reference in sub-paragraph (3) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.

Other terms and conditions

9 (1) The Parliamentary corporation may, subject to any provision made by this Act, determine the terms and conditions on which the Commissioner is appointed.

(2) Those terms and conditions may—

(a) prohibit the Commissioner from holding any other specified office, employment or appointment or engaging in any other specified occupation,

(b) provide that the Commissioner's holding of any such office, employment or appointment or engagement in any such occupation is subject to the approval of the Parliamentary corporation.

(3) In sub-paragraph (2)(a), “specified” means specified (by name or description) in the Commissioner's terms and conditions.

Temporary appointments

10 (1) This paragraph applies during any period when—

(a) the office of Commissioner is vacant, or

(b) the individual holding the office is for any reason unable to perform the Commissioner's functions.

(2) The Parliamentary corporation may appoint an individual to act as the Commissioner during that period.

(3) An individual is eligible for appointment under sub-paragraph (2) only if the individual is not—

(a) prevented from being reappointed to the office of Commissioner by virtue of paragraph 3(3),

(b) disqualified from holding the office of Commissioner under paragraph 4.

(4) An individual appointed under sub-paragraph (2)—

(a) is appointed on such terms and conditions, and for such period, as the Parliamentary corporation determines,

(b) while acting as Commissioner is to be treated as the Commissioner for all purposes except those of paragraphs 5, 6, and 8(3).

(5) An appointment under sub-paragraph (2) ends if—

(a) the individual is relieved of office by the Parliamentary corporation at the individual's request, or

(b) the individual is removed from office by the Parliamentary corporation by notice in writing.

Part 3 Staff and offices

Appointment of staff

11 The Commissioner may, with the consent of the Parliamentary corporation as to numbers, appoint staff.

Staff terms and conditions

12 Staff appointed by the Commissioner are appointed on such terms and conditions as the Commissioner, with the approval of the Parliamentary corporation, determines.

Staff pensions

13 (1) The Commissioner may, with the approval of the Parliamentary corporation, pay or make arrangements for the payment of pensions, allowances and gratuities to, or in respect of, any individual who is or has been a member of staff of the Commissioner.

(2) Those arrangements may include—

(a) making payments towards the provision of those pensions, allowances and gratuities,

(b) providing and maintaining schemes for the payment of those pensions, allowances and gratuities.

(3) The reference in sub-paragraph (1) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.

Authority to perform functions

14 (1) The Commissioner may authorise any person to perform such of the Commissioner's functions (and to such extent) as the Commissioner determines.

(2) The giving of authority under sub-paragraph (1) does not—

(a) affect the Commissioner's responsibility for the performance of the functions,

(b) prevent the Commissioner from performing the functions.

Duty to comply with directions

15 (1) The Commissioner must comply with any direction given to the Commissioner by the Parliamentary corporation in relation to—

(a) the location of the Commissioner’s office,

(b) the sharing of premises, staff, services or other resources with any other officeholder or any public body.

(2) A direction under this section may vary or revoke a previous direction.

(3) The Parliamentary corporation is to make any direction under this section publicly available.

Part 4 Accounts and accountability

Budget

16 (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 sub-paragraph (3).

Accountable officer

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

(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 sub-paragraph (3).

(3) The duty referred to in sub-paragraph (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 sub-paragraph (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 specified in sub-paragraph (2).

Accounts and audit

18 (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 from the Scottish Ministers in relation to the matters mentioned in sub-paragraph (1)(a) and (b).

(3) The Commissioner must make the audited statement of accounts available, without charge, for inspection by any person upon request.