Scottish Parliamentary Commissions and Commissioners etc. Act 2010
2010 asp 11 · Enacted 19 July 2010 · Extends to Scotland
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
- Part 1: THE COMMISSIONER FOR ETHICAL STANDARDS IN PUBLIC LIFE IN SCOTLAND
- The Commissioner
- 1The Commissioner for Ethical Standards in Public Life in Scotland
- 2Functions of the Commissioners Repealed
- 3Status of Commissioner and Commissioner’s staff
- 4Independence of Commissioner
- 5Protection from actions for defamation
- 6Designation of Chief Commissioner Repealed
- 7Appointment of acting Commissioner
- Office of Commissioner
- 8Disqualification
- 9Terms of office and remuneration
- 10Pensions etc.
- 11Subsequent appointments etc. of former Commissioner
- General functions, procedures etc. of Commissioner
- 12General powers
- 13Payment of witnesses' expenses
- 14Strategic plans
- 15Validity of acts
- 16Delegation
- Staff, advisers etc.
- 17Staff
- 18Advisers, assessors and other services
- Finance
- 19Accountable officer
- 20Budget
- 21Funding
- 22Accounts and audit
- Location of office and sharing of resources
- 23Location of office
- 24Sharing of premises, staff, services and other resources
- Annual reports
- 25Annual reports
- Ombudsman's investigations and freedom of information
- 26Commission and Commissioners to be subject to investigations by Scottish Public Services Ombudsman Repealed
- 27Commission and Public Appointments Commissioner for Scotland to be subject to Freedom of Information (Scotland) Act Repealed
- Interpretation
- 28Interpretation of Part 1
- Part 2: Amendments of provisions relating to other commissions and officeholders
- 29Standardising and other amendments
- Part 3: General
- 30Interpretation Repealed
- 31Short title, commencement, transfers and transitionals
- Schedule 1: Consequential amendments of enactments referred to in section 2(5) Repealed
- Part 1: The Ethical Standards Act Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- Part 2: The Scottish Public Services Ombudsman Act 2002 (asp 11) Repealed
- 10Paragraph 10 Repealed
- Part 3: The Parliamentary Standards Act Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- Part 4: The Public Appointments Act Repealed
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- 19Paragraph 19 Repealed
- Part 5: The Public Services Reform (Scotland) Act 2010 (asp 8) Repealed
- 20Paragraph 20 Repealed
- 21Paragraph 21 Repealed
- 22Paragraph 22 Repealed
- Schedule 2: Amendments of the Ethical Standards Act
- Procedure for appointments and orders conferring functions
- 1Paragraph 1
- Witnesses' expenses
- 2Paragraph 2
- Protection from actions of defamation
- 3Paragraph 3
- Application of paragraphs 5 to 16
- 4Paragraph 4
- Land, charges, location of office and sharing of resources
- 5Paragraph 5
- 6Paragraph 6
- Procedure for appointment of convener
- 7Paragraph 7
- Members' terms of office, subsequent appointments etc.
- 8Paragraph 8
- 9Paragraph 9
- Employees, remuneration and pensions, advisers etc.
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Strategic plans
- 13Paragraph 13
- Finance
- 14Paragraph 14
- 15Paragraph 15
- Annual reports
- 16Paragraph 16
- Terms and conditions of office, staff and status of Chief Investigating Officer
- 17Paragraph 17
- Schedule 3: Amendments of the Scottish Public Services Ombudsman Act 2002 (asp 11)
- Investigations and reports
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Annual reports
- 6Paragraph 6
- Strategic plans
- 7Paragraph 7
- Confidentiality of information
- 8Paragraph 8
- 9Paragraph 9
- Application of paragraphs 11 to 19
- 10Paragraph 10
- Disqualification, terms of office, status, removal etc.
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Advisers and other services
- 14Paragraph 14
- Land, location of office, sharing of resources and charges
- 15Paragraph 15
- 16Paragraph 16
- Budget
- 17Paragraph 17
- Finance
- 18Paragraph 18
- 19Paragraph 19
- Prison management etc.
- 20Paragraph 20
- Matters excluded from investigation
- 21Paragraph 21
- Schedule 4: Amendments of the Freedom of Information (Scotland) Act 2002 (asp 13)
- The Commissioner: terms and period of office, removal and independence
- 1Paragraph 1
- Advice and other services
- 2Paragraph 2
- Expenses
- 3Paragraph 3
- 4Paragraph 4
- Charges
- 5Paragraph 5
- Annual reports
- 6Paragraph 6
- Strategic plans
- 7Paragraph 7
- Application of paragraph 9 onward
- 8Paragraph 8
- Legal status
- 9Paragraph 9
- Staff
- 10Paragraph 10
- Budget
- 11Paragraph 11
- Land, location of office, sharing of resources
- 12Paragraph 12
- 13Paragraph 13
- Subsequent appointments
- 14Paragraph 14
- Schedule 5: Amendments of the Commissioner for Children and Young People (Scotland) Act 2003 (asp 17)
- The Commissioner: period of appointment, removal etc.
- 1Paragraph 1
- 2Paragraph 2
- Annual reports
- 3Paragraph 3
- Strategic plans
- 4Paragraph 4
- Application of paragraph 6 onward
- 5Paragraph 5
- Status and independence
- 6Paragraph 6
- 7Paragraph 7
- Disqualification
- 8Paragraph 8
- Subsequent appointments
- 9Paragraph 9
- Land, charges, location of office, sharing of resources, staff and advisers and other services
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Finance and budget
- 14Paragraph 14
- 15Paragraph 15
- Schedule 6: Amendments of the Scottish Commission for Human Rights Act 2006 (asp 16)
- Strategic plans
- 1Paragraph 1
- Annual report
- 2Paragraph 2
- Application of paragraph 4 onward
- 3Paragraph 3
- Independence: exceptions
- 4Paragraph 4
- Members of the Commission: period of office, removal, and other and subsequent appointments
- 5Paragraph 5
- 6Paragraph 6
- Land, location of office, advisers and other services, sharing of resources and finance
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 7: Transfer of staff, property and liabilities and transitional and saving provisions
- Part 1: Transfer of staff, property and liabilities to Commission for Ethical Standards in Public Life in Scotland
- Staff
- 1Paragraph 1
- Property and liabilities
- 2Paragraph 2
- Part 2: Transitional and saving provisions
- Undetermined processes under Ethical Standards, Parliamentary Standards and Public Appointments Acts
- 3Paragraph 3
- Current appointments of assessors by the Commissioner for Public Appointments in Scotland
- 4Paragraph 4
- New Commission's first budget
- 5Paragraph 5
- Scottish Parliamentary Standards Commissioner's last annual report
- 6Paragraph 6
- Other annual reports
- 7Paragraph 7
- The Scottish Parliamentary Standards Commissioner
- 8Paragraph 8
- Commissioner for Public Appointments in Scotland
- 9Paragraph 9
- Members of the Standards Commission
- 10Paragraph 10
- Commissioner for Children and Young People and the Public Services Ombudsman
- 11Paragraph 11
- Members of the Scottish Commission for Human Rights
- 12Paragraph 12
- General provisions about reappointment
- 13Paragraph 13