The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Commencement No. 2 and Transitional Provisions) Order 2001

Made19th December 2001

The Scottish Ministers, in exercise of the powers conferred by section 37(2) and (3) of the Ethical Standards in Public Life etc. (Scotland) Act 20001 and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and interpretation

1.

This Order may be cited as the Ethical Standards in Public Life etc. (Scotland) Act 2000 (Commencement No. 2 and Transitional Provisions) Order 2001.

2.

In this Order–

“the Commission” and “the Controller of Audit” have, respectively, the same meanings as in Part VII of the Local Government (Scotland) Act 19732; and
“the appointed day” means 1st January 2002.

Commencement of provisions

3.

Subject to Article 4 below, section 33 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 shall come into force on the appointed day.

Transitional Provisions

4.

The modifications of the Local Government (Scotland) Act 1973 made by section 33(2) to (4) of the 2000 Act shall have effect only in relation to a special report made by the Controller of Audit to the Commission on or after the appointed day.

PETER PEACOCK

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

19th December 2001

(This note is not part of the Order)

This Order brings into force on 1st January 2002 section 33 of the Ethical Standards in Public Life etc. (Scotland) Act 2000. The whole of that Act (other than section 37) falls to be brought into force by Commencement Order. This is the second such Order.

The main provisions commenced are–

(a)

those provisions that revise the special reports and hearings procedure by which the Accounts Commission for Scotland and the Controller of Audit investigate and respond to alleged failure, negligence or misconduct by individuals or local authorities in the management of public funds; and

(b)

those provisions that repeal the existing surcharge provisions and introduce a range of new sanctions available to the Accounts Commission.

(This note is not part of the Order)

The following provisions of the Act have been brought into force by the Ethical Standards in Public Life etc. (Scotland) Act 2000 (Commencement No. 1) Order 2001 (S.S.I. 2001/113).

Provision	Date of Commencement
Sections 1–3	29th March 2001
Section 8	29th March 2001
Section 9	29th March 2001
Section 28	29th March 2001
Section 30	29th March 2001
Section 31	29th March 2001
Section 34	29th March 2001
Section 35	29th March 2001
Schedules 1–3	29th March 2001
Section 36(1) and Schedule 4 (but only for the purpose of bringing into force the repeal of section 28 of the Local Government Act 1988 (c. 9)	29th March 2001