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Ethical Standards in Public Life etc. (Scotland) Act 2000

Consolidated Text As Enacted Cited authorities 65 Cited in Amendments 208 Related
Vincent
JurisdictionScotland
(1) The Scottish Ministers (“Ministers”) shall issue a code of conduct for councillors (the “councillors’ code”) .(2) There shall be set out in the councillors’ code principles and rules governing the conduct of councillors.(3) These principles and rules shall include provision about the registration and declaration of the interests of councillors and their ineligibility to discuss or vote upon council business affecting these interests.(4) Ministers may, in order to assist themselves in carrying out their duty under subsection (1) above, invite such association of councils as seems appropriate to them to draw up and send them a suggested councillors’ code.(5) Ministers shall issue a councillors’ code only after it has been laid before and approved by a resolution of the Scottish Parliament.(6) The councillors’ code shall have effect as from such date (not earlier than its issue) as Ministers fix.(7) Ministers may revise or re-issue the councillors’ code; and subsections (4) to (6) above apply to any revisal or re-issue of the councillors’ code as they apply to its issue.(8) In subsection (3) above—
  • “interests” means pecuniary and non-pecuniary interests;
  • “council business” includes matters under consideration by any body on which a councillor is a representative or nominee of a council.
(1) Ministers shall issue a model code of conduct for members of devolved public bodies (the “members’ model code”) .(2) There shall be set out in the members’ model code principles and rules governing the conduct of members of devolved public bodies.(3) These principles and rules shall include provision about the registration and declaration of the interests of members of devolved public bodies and their ineligibility to discuss or vote upon business of these bodies affecting these interests.(4) Ministers shall issue the members’ model code only after it has been laid before and approved by a resolution of the Scottish Parliament.(5) Ministers may revise or re-issue the members’ model code; and subsection (4) above applies to any revisal or re-issue of the members’ model code as it applies to the issue of the code.(6) The members’ model code may, for the purposes of sections 3(5) and 25(5) below, distinguish between those of its provisions which are mandatory and those which are optional.(7) In subsection (3) above, “interests” means pecuniary and non-pecuniary interests and the reference to the business of devolved public bodies shall, in relation to a member of such a body, be construed as including a reference to matters under consideration by any other body on which the member is a representative or nominee of the devolved public body.(1) Each devolved public body shall, within the stipulated time limit, submit to Ministers a draft of a code of conduct for its members (a “draft members’ code”) .(2) In subsection (1) above, the “stipulated time limit” is such time limit, being not earlier than three months after the making of the order under this subsection, as is stipulated in relation to each devolved public body by order made by Ministers.(3) Such an order shall be made by statutory instrument.(4) A statutory instrument made under this section shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.shall incorporate such mandatory provisions of the members’ model code as apply to the body submitting it;may incorporate any optional provisions of the members’ model code;may include such other provisions as are consistent with that code.may, with or without modifications made by them, approve a draft members’ code submitted to them;may substitute for a draft members’ code submitted to them a code of their own devising;shall, if a body fails to submit a draft members’ code in accordance with subsection (1) above, devise a code for that body.(7) Ministers shall, when approving, substituting or devising a code under subsection (6) above,

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