{
  "url": "https://openlegislation.uk/ethical-standards-in-public-life-etc-scotland-act-2000/section-12",
  "json_url": "https://openlegislation.uk/ethical-standards-in-public-life-etc-scotland-act-2000/section-12.json",
  "legislation": "asp/2000/7",
  "legislation_title": "Ethical Standards in Public Life etc. (Scotland) Act 2000",
  "legislation_url": "https://openlegislation.uk/ethical-standards-in-public-life-etc-scotland-act-2000",
  "path": "section/12",
  "kind": "section",
  "number": "12",
  "heading": "Conduct of ... Commissioner's investigations",
  "text": "(1) Subject to section 10 above and subsection (2) below, it is for the Commissioner to decide whether, when and how to carry out any investigation.\n(2) Investigations shall, so far as possible, be conducted confidentially.\n(3) An investigation may take place notwithstanding that the person whose conduct is to be investigated is no longer a councillor or, as the case may be, a member of a devolved public body.\n(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5) If it appears to the Commissioner that an investigation being carried out under this section will not be completed within three months of the date on which it began, the Commissioner shall, in writing, inform—\n(a) the Commission;\n(b) the councillor or member whose contravention, or possible or alleged contravention, of the councillors’ or, as the case may be, members’ code is the subject of the investigation; and\n(c) the council or devolved public body,\nof that fact.\n(6) Investigations shall, so far as is possible, only be undertaken in response to allegations of misconduct which are made in writing and signed by the complainant.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 12(1)(4)(5) substituted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 2(5), 31(5), sch. 1 para. 2 (with s. 31(6), sch. 7)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "S. 12(4) omitted (1.7.2013) by virtue of 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. 4(a) (with sch. 4 para. 3)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in s. 12(4)(5) substituted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 2(5), 31(5), sch. 1 para. 4 (with s. 31(6), sch. 7)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in s. 12 title substituted (1.4.2011) by virtue of Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 2(5), 31(5), sch. 1 para. 9 (with s. 31(6), sch. 7)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in s. 12 heading omitted (1.7.2013) by virtue of 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. 4(b) (with sch. 4 para. 3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2000/7/section/12",
    "retrieved_at": "2026-10-29T20:17:25.618849+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}