Scottish Parliamentary Commissions and Commissioners etc. Act 2010

Cited authorities 43

Cited in

Amendments 107

Jurisdiction	Scotland
Citation	2010 asp 11

(1) There is to be a Commissioner for Ethical Standards in Public Life in Scotland (the “Commissioner”) .(2) The Commissioner is to be an individual appointed by the Parliamentary corporation with the agreement of the Parliament. the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7) , the Scottish Parliamentary Standards Commissioner Act 2002 (asp 16) , ...

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Scottish Parliamentary Commissions and Commissioners etc. Act 2010
Part 1: THE COMMISSIONER FOR ETHICAL STANDARDS IN PUBLIC LIFE IN SCOTLAND

The Commissioner

1: The Commissioner for Ethical Standards in Public Life in Scotland
2: Functions of the Commissioners
3: Status of Commissioner and Commissioner’s staff
4: Independence of Commissioner: In the performance of the Commissioner’s functions, the Commissioner is not subject to the direction or control of—
5: Protection from actions for defamation
6: Designation of Chief Commissioner
7: Appointment of acting Commissioner

Office of Commissioner

8: Disqualification
9: Terms of office and remuneration
10: Pensions etc.
11: Subsequent appointments etc. of former Commissioner

General functions, procedures etc. of Commissioner

12: General powers
13: Payment of witnesses' expenses
14: Strategic plans
15: Validity of acts
16: Delegation

Staff, advisers etc.

17: Staff
18: Advisers, assessors and other services

Finance

19: Accountable officer
20: Budget
21: Funding
22: Accounts and audit

Location of office and sharing of resources

23: Location of office
24: Sharing of premises, staff, services and other resources

Annual reports

25: Annual reports

Ombudsman's investigations and freedom of information

26: Commission and Commissioners to be subject to investigations by Scottish Public Services Ombudsman
27: Commission and Public Appointments Commissioner for Scotland to be subject to Freedom of Information (Scotland) Act

Interpretation

28: Interpretation of Part 1

Part 2: Amendments of provisions relating to other commissions and officeholders

29: Standardising and other amendments

Part 3: General

30: Interpretation
31: Short title, commencement, transfers and transitionals

SCHEDULE 1 (introduced by section 2(5))
Consequential amendments of enactments referred to in section 2(5)

Part 1: The Ethical Standards Act
Part 2: The Scottish Public Services Ombudsman Act 2002 (asp 11)
Part 3: The Parliamentary Standards Act
Part 4: The Public Appointments Act
Part 5: The Public Services Reform (Scotland) Act 2010 (asp 8)

SCHEDULE 2 (introduced by section 29(2))
Amendments of the Ethical Standards Act

Procedure for appointments and orders conferring functions
Witnesses' expenses
Protection from actions of defamation
Application of paragraphs 5 to 16
Land, charges, location of office and sharing of resources
Procedure for appointment of convener
Members' terms of office, subsequent appointments etc.
Employees, remuneration and pensions, advisers etc.
Strategic plans
Finance
Annual reports
Terms and conditions of office, staff and status of Chief Investigating Officer

SCHEDULE 3 (introduced by section 29(3))
Amendments of the Scottish Public Services Ombudsman Act 2002 (asp 11)

Investigations and reports
Annual reports
Strategic plans
Confidentiality of information
Application of paragraphs 11 to 19
Disqualification, terms of office, status, removal etc.
Advisers and other services
Land, location of office, sharing of resources and charges
Budget
Finance
Prison management etc.
Matters excluded from investigation

SCHEDULE 4 (introduced by section 29(4))
Amendments of the Freedom of Information (Scotland) Act 2002 (asp 13)

The Commissioner: terms and period of office, removal and independence
Advice and other services
Expenses
Charges
Annual reports
Strategic plans
Application of paragraph 9 onward
Legal status
Staff
Budget
Land, location of office, sharing of resources
Subsequent appointments

SCHEDULE 5 (introduced by section 29(10))
Amendments of the Commissioner for Children and Young People (Scotland) Act 2003 (asp 17)

The Commissioner: period of appointment, removal etc.
Annual reports
Strategic plans
Application of paragraph 6 onward
Status and independence
Disqualification
Subsequent appointments
Land, charges, location of office, sharing of resources, staff and advisers and other services
Finance and budget

SCHEDULE 6 (introduced by section 29(11))
Amendments of the Scottish Commission for Human Rights Act 2006 (asp 16)

Strategic plans
Annual report
Application of paragraph 4 onward
Independence: exceptions
Members of the Commission: period of office, removal, and other and subsequent appointments
Land, location of office, advisers and other services, sharing of resources and finance

SCHEDULE 7 (introduced by section 31(6))
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
Part 2: Transitional and saving provisions

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Scottish Parliamentary Commissions and Commissioners etc. Act 2010

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