The Scotland Act 1998 (Transitory and Transitional Provisions) (Complaints of Maladministration) Order 1999

Explanatory Note

(This note is not part of the Order)

This Order makes transitory and transitional provisions for the investigation by a Scottish Parliamentary Commissioner for Administration (“Scottish Commissioner”) of complaints of maladministration in connection with action taken in exercise of administrative functions by any member of the Scottish Executive and certain other persons, bodies and authorities.

Article 3 provides that the Order unless previously revoked by the Secretary of State, ceases to have effect on the day appointed by or under an Act of the Scottish Parliament.

Articles 4 to 6 make provision for the appointment of the Scottish Commissioner, his status and his remuneration, allowances and pension. Article 7 makes provision about the staff of the Scottish Commissioner.

Articles 8 to 16 make similar provision to that contained in the Parliamentary Commissioner Act 1967 (c. 13). In particular–

(a) article 8 makes provision for the authorities subject to investigation by the Scottish Commissioner. In addition to any member of the Scottish Executive, they include any other office holder in the Scottish Administration, the Scottish Parliamentary Corporate Body, certain Scottish public authorities listed in Schedule 1 and any cross-border public authority listed in Schedule 2;

(b) article 9 makes provision with regards to the matters being investigated by the Scottish Commissioner;

(c) articles 10 to 13 make provision with regard to the complaints, the investigation procedures, the evidence and obstruction and contempt;

(d) article 14 makes provision with regard to reports;

(e) article 15 makes provision with regard to the confidentiality of information; and

(f) article 16 makes provision with regard to consultation and co-operation with regard to other Commissioners.

Article 17 modifies various enactments as a consequence of the Order.

Article 18 makes transitional and savings provisions.