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Scottish Parliamentary Commissions and Commissioners etc. Act 2010

2010 asp 11 · Enacted 19 July 2010 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 12 March 2018.

An Act of the Scottish Parliament to establish the Commission for Ethical Standards in Public Life in Scotland; to transfer to its members the functions of the Chief Investigating Officer, the Scottish Parliamentary Standards Commissioner and the Commissioner for Public Appointments in Scotland; to make amendments of the Ethical Standards in Public Life etc. (Scotland) Act 2000, the Scottish Public Services Ombudsman Act 2002, the Freedom of Information (Scotland) Act 2002, the Public Appointments and Public Bodies etc. (Scotland) Act 2003, the Commissioner for Children and Young People (Scotland) Act 2003 and the Scottish Commission for Human Rights Act 2006, including amendments standardising certain provisions of those Acts and extending and qualifying the functions of the Scottish Public Services Ombudsman; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 9th June 2010 and received Royal Assent on 19th July 2010

Contents

  1. Part 1: THE COMMISSIONER FOR ETHICAL STANDARDS IN PUBLIC LIFE IN SCOTLAND
  2. The Commissioner
  3. 1The Commissioner for Ethical Standards in Public Life in Scotland
  4. 2Functions of the Commissioners Repealed
  5. 3Status of Commissioner and Commissioner’s staff
  6. 4Independence of Commissioner
  7. 5Protection from actions for defamation
  8. 6Designation of Chief Commissioner Repealed
  9. 7Appointment of acting Commissioner
  10. Office of Commissioner
  11. 8Disqualification
  12. 9Terms of office and remuneration
  13. 10Pensions etc.
  14. 11Subsequent appointments etc. of former Commissioner
  15. General functions, procedures etc. of Commissioner
  16. 12General powers
  17. 13Payment of witnesses' expenses
  18. 14Strategic plans
  19. 15Validity of acts
  20. 16Delegation
  21. Staff, advisers etc.
  22. 17Staff
  23. 18Advisers, assessors and other services
  24. Finance
  25. 19Accountable officer
  26. 20Budget
  27. 21Funding
  28. 22Accounts and audit
  29. Location of office and sharing of resources
  30. 23Location of office
  31. 24Sharing of premises, staff, services and other resources
  32. Annual reports
  33. 25Annual reports
  34. Ombudsman's investigations and freedom of information
  35. 26Commission and Commissioners to be subject to investigations by Scottish Public Services Ombudsman Repealed
  36. 27Commission and Public Appointments Commissioner for Scotland to be subject to Freedom of Information (Scotland) Act Repealed
  37. Interpretation
  38. 28Interpretation of Part 1
  39. Part 2: Amendments of provisions relating to other commissions and officeholders
  40. 29Standardising and other amendments
  41. Part 3: General
  42. 30Interpretation Repealed
  43. 31Short title, commencement, transfers and transitionals
  44. Schedule 1: Consequential amendments of enactments referred to in section 2(5) Repealed
  45. Part 1: The Ethical Standards Act Repealed
  46. 1Paragraph 1 Repealed
  47. 2Paragraph 2 Repealed
  48. 3Paragraph 3 Repealed
  49. 4Paragraph 4 Repealed
  50. 5Paragraph 5 Repealed
  51. 6Paragraph 6 Repealed
  52. 7Paragraph 7 Repealed
  53. 8Paragraph 8 Repealed
  54. 9Paragraph 9 Repealed
  55. Part 2: The Scottish Public Services Ombudsman Act 2002 (asp 11) Repealed
  56. 10Paragraph 10 Repealed
  57. Part 3: The Parliamentary Standards Act Repealed
  58. 11Paragraph 11 Repealed
  59. 12Paragraph 12 Repealed
  60. 13Paragraph 13 Repealed
  61. 14Paragraph 14 Repealed
  62. Part 4: The Public Appointments Act Repealed
  63. 15Paragraph 15 Repealed
  64. 16Paragraph 16 Repealed
  65. 17Paragraph 17 Repealed
  66. 18Paragraph 18 Repealed
  67. 19Paragraph 19 Repealed
  68. Part 5: The Public Services Reform (Scotland) Act 2010 (asp 8) Repealed
  69. 20Paragraph 20 Repealed
  70. 21Paragraph 21 Repealed
  71. 22Paragraph 22 Repealed
  72. Schedule 2: Amendments of the Ethical Standards Act
  73. Procedure for appointments and orders conferring functions
  74. 1Paragraph 1
  75. Witnesses' expenses
  76. 2Paragraph 2
  77. Protection from actions of defamation
  78. 3Paragraph 3
  79. Application of paragraphs 5 to 16
  80. 4Paragraph 4
  81. Land, charges, location of office and sharing of resources
  82. 5Paragraph 5
  83. 6Paragraph 6
  84. Procedure for appointment of convener
  85. 7Paragraph 7
  86. Members' terms of office, subsequent appointments etc.
  87. 8Paragraph 8
  88. 9Paragraph 9
  89. Employees, remuneration and pensions, advisers etc.
  90. 10Paragraph 10
  91. 11Paragraph 11
  92. 12Paragraph 12
  93. Strategic plans
  94. 13Paragraph 13
  95. Finance
  96. 14Paragraph 14
  97. 15Paragraph 15
  98. Annual reports
  99. 16Paragraph 16
  100. Terms and conditions of office, staff and status of Chief Investigating Officer
  101. 17Paragraph 17
  102. Schedule 3: Amendments of the Scottish Public Services Ombudsman Act 2002 (asp 11)
  103. Investigations and reports
  104. 1Paragraph 1
  105. 2Paragraph 2
  106. 3Paragraph 3
  107. 4Paragraph 4
  108. 5Paragraph 5
  109. Annual reports
  110. 6Paragraph 6
  111. Strategic plans
  112. 7Paragraph 7
  113. Confidentiality of information
  114. 8Paragraph 8
  115. 9Paragraph 9
  116. Application of paragraphs 11 to 19
  117. 10Paragraph 10
  118. Disqualification, terms of office, status, removal etc.
  119. 11Paragraph 11
  120. 12Paragraph 12
  121. 13Paragraph 13
  122. Advisers and other services
  123. 14Paragraph 14
  124. Land, location of office, sharing of resources and charges
  125. 15Paragraph 15
  126. 16Paragraph 16
  127. Budget
  128. 17Paragraph 17
  129. Finance
  130. 18Paragraph 18
  131. 19Paragraph 19
  132. Prison management etc.
  133. 20Paragraph 20
  134. Matters excluded from investigation
  135. 21Paragraph 21
  136. Schedule 4: Amendments of the Freedom of Information (Scotland) Act 2002 (asp 13)
  137. The Commissioner: terms and period of office, removal and independence
  138. 1Paragraph 1
  139. Advice and other services
  140. 2Paragraph 2
  141. Expenses
  142. 3Paragraph 3
  143. 4Paragraph 4
  144. Charges
  145. 5Paragraph 5
  146. Annual reports
  147. 6Paragraph 6
  148. Strategic plans
  149. 7Paragraph 7
  150. Application of paragraph 9 onward
  151. 8Paragraph 8
  152. Legal status
  153. 9Paragraph 9
  154. Staff
  155. 10Paragraph 10
  156. Budget
  157. 11Paragraph 11
  158. Land, location of office, sharing of resources
  159. 12Paragraph 12
  160. 13Paragraph 13
  161. Subsequent appointments
  162. 14Paragraph 14
  163. Schedule 5: Amendments of the Commissioner for Children and Young People (Scotland) Act 2003 (asp 17)
  164. The Commissioner: period of appointment, removal etc.
  165. 1Paragraph 1
  166. 2Paragraph 2
  167. Annual reports
  168. 3Paragraph 3
  169. Strategic plans
  170. 4Paragraph 4
  171. Application of paragraph 6 onward
  172. 5Paragraph 5
  173. Status and independence
  174. 6Paragraph 6
  175. 7Paragraph 7
  176. Disqualification
  177. 8Paragraph 8
  178. Subsequent appointments
  179. 9Paragraph 9
  180. Land, charges, location of office, sharing of resources, staff and advisers and other services
  181. 10Paragraph 10
  182. 11Paragraph 11
  183. 12Paragraph 12
  184. 13Paragraph 13
  185. Finance and budget
  186. 14Paragraph 14
  187. 15Paragraph 15
  188. Schedule 6: Amendments of the Scottish Commission for Human Rights Act 2006 (asp 16)
  189. Strategic plans
  190. 1Paragraph 1
  191. Annual report
  192. 2Paragraph 2
  193. Application of paragraph 4 onward
  194. 3Paragraph 3
  195. Independence: exceptions
  196. 4Paragraph 4
  197. Members of the Commission: period of office, removal, and other and subsequent appointments
  198. 5Paragraph 5
  199. 6Paragraph 6
  200. Land, location of office, advisers and other services, sharing of resources and finance
  201. 7Paragraph 7
  202. 8Paragraph 8
  203. 9Paragraph 9
  204. 10Paragraph 10
  205. 11Paragraph 11
  206. 12Paragraph 12
  207. Schedule 7: Transfer of staff, property and liabilities and transitional and saving provisions
  208. Part 1: Transfer of staff, property and liabilities to Commission for Ethical Standards in Public Life in Scotland
  209. Staff
  210. 1Paragraph 1
  211. Property and liabilities
  212. 2Paragraph 2
  213. Part 2: Transitional and saving provisions
  214. Undetermined processes under Ethical Standards, Parliamentary Standards and Public Appointments Acts
  215. 3Paragraph 3
  216. Current appointments of assessors by the Commissioner for Public Appointments in Scotland
  217. 4Paragraph 4
  218. New Commission's first budget
  219. 5Paragraph 5
  220. Scottish Parliamentary Standards Commissioner's last annual report
  221. 6Paragraph 6
  222. Other annual reports
  223. 7Paragraph 7
  224. The Scottish Parliamentary Standards Commissioner
  225. 8Paragraph 8
  226. Commissioner for Public Appointments in Scotland
  227. 9Paragraph 9
  228. Members of the Standards Commission
  229. 10Paragraph 10
  230. Commissioner for Children and Young People and the Public Services Ombudsman
  231. 11Paragraph 11
  232. Members of the Scottish Commission for Human Rights
  233. 12Paragraph 12
  234. General provisions about reappointment
  235. 13Paragraph 13