The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies and Stipulated Time Limit) and the Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order modifies schedule 3 to the Ethical Standards in Public Life etc. (Scotland) Act 2000 (“the 2000 Act”), which lists those bodies that are a “devolved public body” for the purpose of that Act, stipulates the time limit for the purposes of section 3(1) of that Act and modifies schedule 1 to the Freedom of Information (Scotland) Act 2002 (“the 2002 Act”), which lists Scottish public authorities for the purposes of that Act.

Article 2 adds Children’s Hearings Scotland to schedule 3 to the 2000 Act.

Article 3 stipulates the time limit within which Children’s Hearings Scotland is required to submit a draft code of conduct for its members for consideration by the Scottish Ministers. Children’s Hearings Scotland must submit the draft code within the period ending 1st October 2011.

The obligations under the 2002 Act apply to Scottish public authorities. For the purposes of the 2002 Act, a “Scottish public authority” means a body or office which is listed in schedule 1 to the 2002 Act or designated by Order under section 5, or a publicly owned company as defined by section 6 of that Act. The list in schedule 1 to the 2002 Act may be amended, by adding or removing references to bodies or offices, by Order under section 4(1) of the 2002 Act.

Article 4 adds Children’s Hearings Scotland to schedule 1 to the 2002 Act.