Acts of the Scottish Parliament

2002 asp 16

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 27th June 2002 and received Royal Assent on 30 July 2002

An Act of the Scottish Parliament to establish a Scottish Parliamentary Standards Commissioner to investigate complaints about the conduct of members of the Parliament and to report upon the outcome of such investigations to the Parliament; and for connected purposes.

(a) is a member of the Parliament or of the staff of the Parliament; or

(b) has been such a member at any time during the period of 2 years prior to the date when the appointment is to take effect.

(a) resign by notice given to the Parliamentary corporation; or

(b) be removed from office by the Parliamentary corporation.

(a) the Parliament so resolves; and

(b) if the resolution is passed on a division, the number of votes cast in favour of it is not less than two thirds of the total number of votes cast in the division.

(a) may at any time resign by notice given to the Parliamentary corporation;

(b) may at any time be removed from office by the Parliamentary corporation;

(c) in other respects, holds office on such terms and conditions as the Parliamentary corporation may determine; and

(d) while holding that appointment is to be treated for all purposes (except those of section 1 and paragraph 1 of the schedule) as the Commissioner.

(a) investigate whether the member has committed the conduct complained about and has, as a result of that conduct, breached a relevant provision; and

(b) report upon the outcome of that investigation to the Parliament.

(a) in the standing orders;

(b) in the Code of Conduct;

(c) in the Scotland Act 1998 (Transitory and Transitional Provisions) (Members' Interests) Order 1999 (S.I. 1999/1350); or

(d) made by or under an Act of the Scottish Parliament in pursuance of section 39 (members' interests) of the Scotland Act.

(a) give advice to a member of the Parliament or to a member of the public as to whether any conduct which has been, or is proposed to be, committed by a member of the Parliament (whether or not the member seeking such advice) would constitute a breach of a relevant provision; or

(b) otherwise express any view upon any of the relevant provisions except in the context of an investigation in any particular case or in a report upon the outcome of that investigation or in such other circumstances as may be specified in any direction given to the Commissioner by the Parliament.

(a) make provision as to the procedure to be followed by the Commissioner when conducting-

(i) investigations generally into any complaint about the conduct of a member of the Parliament; or

(ii) investigations into complaints falling within such class or classes as may be specified in the direction (and different provision may be made in relation to different classes of complaint); or

(b) require the Commissioner to make a report to the Parliament upon such matter relating to the exercise of the functions of the Commissioner as may be specified in the direction.

(a) Stage 1 which consists of investigating and determining whether a complaint is admissible; and

(b) if the complaint is admissible, Stage 2 which consists of further investigating the complaint and reporting upon it to the Parliament,

(a) that the complaint is relevant;

(b) that the complaint meets all the requirements specified in subsection (5) ("the specified requirements") or that the Parliament has, as under section 7(7)(b), directed the Commissioner to treat the complaint as if it had met all of those requirements; and

(c) that the complaint warrants further investigation.

(a) it is about the conduct of a member of the Parliament;

(b) it is not an excluded complaint or, if it is, that the Commissioner has been directed under section 12 to investigate it; and

(c) it appears at first sight that, if all or part of the conduct complained about is established to have been committed by that member, it might amount to a breach of a relevant provision or provisions identified by the Commissioner.

(a) is made in writing to the Commissioner;

(b) is made by an individual person, is signed by that person and states that person's name and address;

(c) names the member of the Parliament concerned;

(d) sets out the facts relevant to the conduct complained about and is accompanied by any supporting evidence which the complainer wishes to submit; and

(e) is made within one year from the date when the complainer could reasonably have become aware of the conduct complained about.

(a) notify that member that a complaint has been made;

(b) inform that member of the nature of the complaint; and

(c) except where the Commissioner considers that it would be inappropriate to do so, inform that member of the name of the complainer.

(a) make a report to the Parliament informing it of that fact and of the relevant provision or provisions identified by the Commissioner for the purposes of the first test; and

(b) inform the complainer and the member of the Parliament concerned accordingly.

(a) the reasons as to why the Commissioner considers that the complaint fails to meet one or more of the specified requirements;

(b) the reasons (if known) for that failure;

(c) any other matters which the Commissioner considers relevant; and

(d) the recommendation of the Commissioner as to whether, having regard to all the circumstances of the case, the complaint should be dismissed as inadmissible for failing to satisfy the second test or should be treated as if it had met all of those requirements.

(a) to dismiss the complaint as inadmissible for failing to satisfy the second test; or

(b) to treat the complaint as if it had met all of the specified requirements.

(a) making findings of fact in relation to whether the member of the Parliament concerned (whether or not named in the complaint) has committed the conduct complained about; and

(b) reaching a conclusion as to whether that member has, as a result of that conduct, breached the relevant provision or provisions identified by the Commissioner for the purposes of the first test.

(a) details of the complaint;

(b) details of the investigation carried out by the Commissioner;

(c) the facts found by the Commissioner in relation to whether the member of the Parliament concerned (whether or not named in the complaint) has committed the conduct complained about;

(d) the conclusion reached by the Commissioner as to whether that member has, as a result of that conduct, breached the relevant provision or provisions identified by the Commissioner for the purposes of the first test and the reasons for that view,

(a) cease to investigate that complaint; and

(b) inform the member of the Parliament concerned that the complaint has been withdrawn, that the investigation into the complaint has ceased and of the reasons given by the complainer for withdrawing the complaint.

(a) inform the member of the Parliament concerned that the complaint has been withdrawn and of the reasons given by the complainer for withdrawing the complaint;

(b) invite that member to give the Commissioner any views upon whether the investigation should nevertheless continue; and

(c) after taking into account any relevant information, including any reasons given by the complainer for withdrawing the complaint and any views expressed by that member, determine whether to recommend to the Parliament that the investigation into the complaint should nevertheless continue.

(a) cease to investigate that complaint;

(b) inform the complainer and the member of the Parliament concerned the investigation into the complaint has ceased; and

(c) report to the Parliament that the complaint has been withdrawn, that the investigation into the complaint has ceased and the reasons given by the complainer for withdrawing the complaint.

(a) that the complaint has been withdrawn, the reasons given by the complainer for withdrawing the complaint and the views, if any, expressed by the member concerned as mentioned in subsection (3)(b); and

(b) that the Commissioner recommends that the complaint should nevertheless continue to be investigated, together with the reasons for that view.

(a) administer an oath to any person giving evidence to the Commissioner; and

(b) require that person to take an oath.

(a) the time and place at which the person is to attend before the Commissioner and the particular subjects concerning which that person is required to give evidence; or

(b) the documents, or types of documents, which the person is to produce, the date by which that person is to produce them and the particular subjects concerning which they are required.

(a) in the case of an individual, by sending it, by registered post or the recorded delivery service, addressed to that person at the person's usual or last known address or, where the person has given an address for service, at that address;

(b) in any other case, by sending it, by registered post or the recorded delivery service, addressed to the person at the person's registered or principal office.

(a) refuses or fails to attend before the Commissioner as required by the notice;

(b) refuses or fails, when attending before the Commissioner as required by the notice, to answer any question concerning the subjects specified in the notice;

(c) deliberately alters, suppresses, conceals or destroys any document which that person is required to produce by the notice; or

(d) refuses or fails to produce any such document,

(a) a director, manager, secretary or other similar officer of the body corporate; or

(b) any person who was purporting to act in any such capacity,

(a) enabling or assisting the Commissioner to discharge any functions imposed or conferred upon the Commissioner by virtue of any provision in this Act or in any other enactment or in the standing orders, including, in particular, the making of any report to the Parliament; or

(b) the investigation or prosecution of any offence or suspected offence.

(a) by the Commissioner shall have absolute privilege; or

(b) to the Commissioner shall have qualified privilege.

(a) the number of complaints made to the Commissioner;

(b) in relation to Stage 1, the number of Stage 1 investigations completed by the Commissioner, the number of complaints which are dismissed, and the number of complaints found to be admissible;

(c) in relation to Stage 2, the number of Stage 2 investigations completed by the Commissioner and the number of reports where the Commissioner reached the conclusion that the conduct complained about did or did not constitute a breach of a relevant provision;

(d) the number of complaints withdrawn by the complainer and the stage at which they were withdrawn; and

(e) the number of investigations carried out by the Commissioner under section 10(2).

"acting Commissioner" shall be construed in accordance with section 2(1);

"admissible complaint" shall be construed in accordance with section 6(2) and related expressions shall be construed accordingly;

"Code of Conduct" means the Code of Conduct for members of the Parliament made under the standing orders;

"Commissioner" shall be construed in accordance with section 1(1);

"conduct" includes any act or failure to act and related expressions shall be construed accordingly;

"excluded complaint" shall be construed in accordance with section 3(2);

"first test", "second test" and "third test" shall be construed in accordance with section 6(3);

"member of the Parliament" includes-

(a) a Scottish Law Officer even where that officer is not a member of the Parliament; and

(b) except for the purposes of section 1(3), a former member of the Parliament and a former Scottish Law Officer;

"the Parliament" includes any committee of the Parliament;

"Parliamentary corporation" means the Scottish Parliamentary Corporate Body;

"relevant provision" shall be construed in accordance with section 3(3);

"relevant time" shall be construed in accordance with section 3(4):

"Scotland Act" means the Scotland Act 1998 (c.46);

"Scottish Law Officer" means the Lord Advocate or the Solicitor General for Scotland;

"specified requirement" shall be construed in accordance with section 6(5);

"Stage 1" and "Stage 2" shall be construed in accordance with section 5(1);

"stage of an investigation" shall be construed in accordance with section 5(1); and

"standing orders" means the standing orders of the Parliament.

(a) this section and sections 1 and 20 and the schedule shall come into force the day after the date of Royal Assent; and

(b) the remainder of this Act shall come into force at the end of the period of six months beginning with the date of Royal Assent.

(a) make contributions or payments towards provision for such pensions, allowances or gratuities; and

(b) establish and administer one or more pension schemes.

(a) the salary and allowances of the Commissioner;

(b) any pension, allowances and gratuities payable by virtue of paragraph 1(2) or contributions or payments towards their provision under paragraph 1(3); and

(c) any expenses incurred by the Commissioner in the exercise of the functions of the Commissioner, including any expenses incurred by the Commissioner by virtue of paragraphs 2 and 3