Scottish Parliamentary Standards Commissioner Act 2002

Supplementary U.K.

20 Interpretation U.K.

In this Act—

• F1 ...

• “admissible complaint” shall be construed in accordance with section 6(2) and related expressions shall be construed accordingly;

• “Code of Conduct” means the Code of Conduct for members of the Parliament made under the standing orders;

• [F2 “Code of Conduct of 7 January 2020” means the second version of the seventh edition of the Code of Conduct, incorporating the revisions approved by resolution of the Parliament on 10 December 2019, which was brought into force with effect from 7 January 2020;]

• [F3 “Commissioner” means the Commissioner for Ethical Standards in Public Life in Scotland;]

• “conduct” includes any act or failure to act and related expressions shall be construed accordingly;

• “excluded complaint” shall be construed in accordance with section 3(2);

• “first test”, “second test” and “third test” shall be construed in accordance with section 6(3);

• “member of the Parliament” includes—

  (a)

  a Scottish Law Officer even where that officer is not a member of the Parliament; and

  (b)

  except for the purposes of section 1(3), a former member of the Parliament and a former Scottish Law Officer;

• “the Parliament” includes any committee of the Parliament;

• “Parliamentary corporation” means the Scottish Parliamentary Corporate Body;

• “relevant provision” shall be construed in accordance with section 3(3);

• “relevant time” shall be construed in accordance with section 3(4):

• “Scotland Act” means the Scotland Act 1998 (c.46);

• “Scottish Law Officer” means the Lord Advocate or the Solicitor General for Scotland;

• “specified requirement” shall be construed in accordance with section 6(5);

• “Stage 1” and “Stage 2” shall be construed in accordance with section 5(1);

• “stage of an investigation” shall be construed in accordance with section 5(1); and

• “standing orders” means the standing orders of the Parliament.

Textual Amendments

F1 Words in s. 20 repealed (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), s. 31(5), Sch. 1 para. 14(a) (with s. 31(6), Sch. 7)

F2 Words in s. 20 inserted (21.10.2021) by Scottish Parliamentary Standards (Sexual Harassment and Complaints Process) Act 2021 (asp 12), ss. 1(3), 4(2) (with s. 4(3))

F3 Words in s. 20 substituted (1.7.2013) by The Public Services Reform (Commissioner for Ethical Standards in Public Life in Scotland etc.) Order 2013 (S.S.I. 2013/197), art. 1, Sch. 2 para. 15 (with Sch. 4 para. 3)

Modifications etc. (not altering text)

C1 S. 20 extended (E.W.N.I.) (1.10.2003) by The Scottish Parliamentary Standards Commissioner Act 2002 (Power to Call for Witnesses and Documents) (England, Wales and Northern Ireland) Order 2003 (S.I. 2003/2278), art. 2(c)

21 Short title and commencement S

(1) This Act may be cited as the Scottish Parliamentary Standards Commissioner Act 2002.

(2) This Act comes into force as follows—

(a) this section and sections 1 and 20 and the schedule shall come into force the day after the date of Royal Assent; and

(b) the remainder of this Act shall come into force at the end of the period of six months beginning with the date of Royal Assent.