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

PART 1 — CODES OF CONDUCT ETC.

Code of conduct for councillors

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• (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.

Model code of conduct for members of devolved public bodies

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• (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.

Codes of conduct for members of devolved public bodies

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• (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.

• (5) A draft members’ code—

• (a) shall incorporate such mandatory provisions of the members’ model code as apply to the body submitting it;

• (b) may incorporate any optional provisions of the members’ model code;

• (c) may include such other provisions as are consistent with that code.

• (6) Ministers—

• (a) may, with or without modifications made by them, approve a draft members’ code submitted to them;

• (b) may substitute for a draft members’ code submitted to them a code of their own devising;

• (c) 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, have regard to the members’ model code.

• (8) Once a code has been approved, substituted or devised under subsection (6) above, it shall be called a “members’ code”.

• (9) Any reference in the following provisions of this Act to the members’ code is, in relation to a devolved public body, a reference to the members’ code applicable to members of that body.

• (10) A members’ code shall have effect as from such date as Ministers fix.

• (11) Ministers shall, prior to the date fixed for the coming into effect of a members’ code, intimate that date to the devolved public body.

Revisal etc. of members' codes

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• (1) A devolved public body—

• (a) may; and

• (b) on being so required by Ministers and within such time as they direct, shall,

submit to them a draft revisal or re-issue of the members’ code.

• (2) Ministers—

• (a) may, with or without modifications made by them, approve a draft revisal or re-issue submitted to them under subsection (1) above;

• (b) may substitute for a draft revisal or reissue submitted to them a revisal or re-issue of their own devising;

• (c) shall, if a body fails to submit a draft revisal or re-issue in accordance with a requirement under subsection (1)(b) above, themselves revise or re-issue the members’ code.

• (3) Ministers shall impose a requirement under subsection (1)(b) above on a devolved public body if it appears to them that the members’ code is not, or is no longer, consistent with the members’ model code (or that code as revised or re-issued) as it applies to the body.

• (4) Where, however, in the case mentioned in subsection (3) above, Ministers consider it expedient in the public interest to do so, they may, without previously imposing the requirement under subsection (1)(b) above, themselves revise or re-issue the members’ code.

• (5) Ministers shall, when approving, substituting, revising or re-issuing a code under subsection (2) or revising or re-issuing a code under subsection (4) above, have regard to the members’ model code.

• (6) Subsections (9) to (11) of section 3 above apply in relation to the coming into effect of a revisal or re-issue of a members’ code as they apply to the coming into effect of the members’ code.

Duties of councils and devolved public bodies

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• (1) Every council shall, in accordance with any guidance issued for the purposes of this section by the Standards Commission for Scotland established by section 8 below—

• (a) promote the observance by its councillors of high standards of conduct; and

• (b) assist them to observe the councillors’ code.

• (2) Every devolved public body shall, in accordance with any such guidance—

• (a) promote the observance by its members of high standards of conduct; and

• (b) assist them to observe the members’ code.

Issue of guidance by Standards Commission

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• (1) The Commission shall issue guidance to councils and devolved public bodies on its relationship with them in the carrying out of its functions under this Act.

• (2) Before issuing any such guidance, the Commission shall consult such association of local authorities and any such other bodies or persons as it thinks fit.

Register of interests

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• (1) Every council and every devolved public body shall set up, maintain and make available for public inspection a register of such interests as, respectively—

• (a) under the councillors’ code, its councillors; and

• (b) under the members’ code, its members,

are required to register.

• (2) The duties under subsection (1) above shall be carried out in accordance with such regulations as may be made by Ministers for the purposes of this section and such guidance as may be issued by the Standards Commission for Scotland for those purposes.

• (3) In the event of any conflict between those regulations and that guidance, the regulations shall prevail.

• (4) Those regulations shall be made by statutory instrument.

• (5) A statutory instrument made under this section shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.

PART 2 — ENFORCEMENT

Standards Commission for Scotland

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• (1) There shall be a Standards Commission for Scotland (“the Commission”).

• (2) Its functions shall be—

• (a) those functions given to it by this Act; and

• (b) any others relating to the conduct of councillors and members of devolved public bodies given to it by order made by Ministers.

• (3) Its members, of whom there shall be not fewer than three, shall be appointed by the Parliamentary corporation—

• (a) after consulting such association of councils and such other persons as the Parliamentary corporation thinks appropriate; and

• (b) with the agreement of the Parliament.

• (4) Schedule 1 to this Act provides further about the Commission.

• (4A) Ministers shall consult the Parliamentary corporation and the Commission before making an order under subsection (2)(b).

• (5) An order under subsection (2)(b) above shall be made by statutory instrument.

• (6) No statutory instrument may be made under this section unless a draft of it has been laid before and approved by the Parliament.

• (7) Different provision may be made under subsection (2)(b) above as respects councillors and as respects members of devolved public bodies.

• (8) The Commission shall, in relation to those of its functions which affect matters within the functions of—

• (a) the Accounts Commission for Scotland; or

• (b) the Scottish Public Services Ombudsman,

consult that other Commission or, as the case may be, that Ombudsman .

Appointment of Chief Investigating Officer and staff

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It is the duty of the Commissioner for Ethical Standards in Public Life in Scotland (the “Commissioner”) to investigate and report to the Commission on cases in which a councillor or member of a devolved public body has, might have or is alleged to have contravened the councillors' or, as the case may be, the members' code.

Relationship between Commission and Chief Investigating Officer

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• (1) The Commissioner shall, subject to subsection (2) below, in carrying out the Commissioner's functions under this Act, comply with any directions given by the Commission.

• (2) The Commission shall not, however, direct the Commissioner as to how the Commissioner carries out any investigation.

Chief Investigating Officer to provide Commission with information

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The Commissioner shall provide the Commission with such information concerning the discharge of the Commissioner's functions under this Act as the Commission requires.

Conduct of Chief Investigating Officer’s investigations

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• (1) Subject to section 10 above and subsection (2) below, it is for the Commissioner to decide whether, when and how to carry out any investigation.

• (2) Investigations shall, so far as possible, be conducted confidentially.

• (3) An investigation may take place notwithstanding that the person whose conduct is to be investigated is no longer a councillor or, as the case may be, a member of a devolved public body.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) If it appears to the Commissioner that an investigation being carried out under this section will not be completed within three months of the date on which it began, the Commissioner shall, in writing, inform—

• (a) the Commission;

• (b) the councillor or member whose contravention, or possible or alleged contravention, of the councillors’ or, as the case may be, members’ code is the subject of the investigation; and

• (c) the council or devolved public body,

of that fact.

• (6) Investigations shall, so far as is possible, only be undertaken in response to allegations of misconduct which are made in writing and signed by the complainant.

Chief Investigating Officer’s powers

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• (1) For the purposes of an investigation, the Commissioner—

• (a) may require any person who, in the opinion of the Commissioner, is able to give relevant information or produce relevant documents to do so; and

• (b) shall have the same powers as the Court of Session to enforce the attendance and examination of witnesses and the production of documents.

• (2) No person, however, shall be compelled to give any evidence or produce any documents which that person could not be compelled to give or produce in civil proceedings in the Court of Session.

• (3) If, without reasonable excuse, any person obstructs the Commissioner in the performance of the Commissioner's functions or does anything in relation to an investigation which, had that investigation been proceedings in the Court of Session, would be contempt of court, the Chief Investigating Officer may certify that conduct to the Court of Session.

• (4) Where a person’s conduct is so certified, the Court of Session may deal with the person as if any such conduct as occurred had taken place in relation to that Court.

• (5) In this section “documents” includes information held by means of a computer or in any other electronic form.

Chief Investigating Officer’s reports

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• (1) Subject to section 10 above, it is for the Commissioner to decide whether to report to the Commission on the outcome of any investigation.

• (2) No report concluding that a councillor or a member of a devolved public body has contravened the councillors’ or, as the case may be, the members’ code shall be submitted to the Commission unless the councillor or member has been given a copy of the proposed report and an opportunity to make representations on the alleged contravention and on the proposed report.

• (3) At the same time as the Commissioner gives a copy of a proposed report to a councillor or a member of a devolved public body for the purposes of subsection (2) above, the Commissioner shall give a further copy to the council or, as the case may be, the devolved public body.

Publication of reports

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The Commission may publish a report submitted to it under section 14 above, and may do so in whatever way and send it to whomever it thinks fit.

Action on receipt of reports

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On receiving a report from the Commissioner, the Commission may—

• (a) direct the Commissioner to carry out further investigations;

• (b) hold a hearing; or

• (c) do neither,

and, where it acts under paragraph (a) or (b) above, may do so at any time.

Hearings before Commission

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• (1) Subject to subsections (2) to (10) below, the procedure at a hearing held under section 16(b) above shall be such as the Commission determines.

• (2) The Commission may, at any one hearing, consider alleged contraventions of the councillors’ code by more than one councillor or of the members’ code by more than one member of a devolved public body.

• (3) A hearing shall be conducted by not fewer than three members of the Commission selected by the convener of the Commission.

• (4) A councillor or member of a devolved public body whose conduct is being considered by a hearing is entitled to be heard there either in person or represented by counsel or a solicitor or any other person.

• (5) The members of the Commission conducting a hearing may—

• (a) require any person to attend the hearing, give evidence and produce documents;

• (b) administer oaths.

• (6) A person shall not, however, be compelled to give any evidence or produce any documents which that person could not be compelled to give or produce in civil proceedings in the Court of Session.

• (7) A person who, without reasonable excuse, fails to comply with a requirement imposed under subsection (5)(a) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (8) The Commission may pay persons appearing at a hearing or attending it for the purpose of giving evidence or producing documents such expenses or allowances as it , with the approval of the Parliamentary corporation, determines.

• (9) A hearing shall be held in public unless the members of the Commission conducting it determine that it is in the public interest that it, or such part of it as they specify for the purposes of this subsection, be not so held.

• (10) In this section, “documents” shall be construed as in section 13 above.

Findings of hearings

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• (1) The members of the Commission conducting a hearing shall state their findings in writing and give a copy to—

• (a) the councillor or member of a devolved public body whose contravention, or possible or alleged contravention, of the councillors’ or, as the case may be, the members’ code was the subject of the hearing;

• (b) the council or the devolved public body;

• (c) any person the Commission considers should, under this paragraph, receive a copy; and

• (d) any other person seeking a copy who has paid the Commission’s reasonable charge for providing it.

• (2) A council or devolved public body receiving a copy of findings under subsection (1) above shall consider those findings within three months of receiving them or within such longer period as the Commission may specify in writing.

• (3) The duty imposed on a council or devolved public body by subsection (2) above shall be discharged only by that council or body and not by a committee or sub-committee or an officer.

Action on finding of contravention

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