SCHEDULE 1 THE STANDARDS COMMISSION FOR SCOTLAND
Status
1
(1)
The Commission shall be a body corporate.
(2)
It shall not be regarded as the servant or agent of the Crown or have any status, immunity or privilege of the Crown, nor shall its members and employees be regarded as civil servants nor its property as property of or held on behalf of the Crown.
General powers
2
(1)
The Commission may do such things and enter into such transactions as are calculated to facilitate, or are incidental or conducive to, the exercise of —
(a)
its functions; or
(2)
The power under sub-paragraph (1)(a) above includes in particular power to acquire and dispose of land F3, or other property.
F4(3)
The exercise of the power to acquire or dispose of land is subject to the approval of the Parliamentary corporation.
(4)
The Commission may determine and charge reasonable sums for anything done or provided by it or on its behalf in the exercise of, or in connection with, its functions.
(5)
The Commission shall retain any sums received by it by virtue of sub-paragraph (4) and apply them to meet expenditure incurred in doing or providing whatever is charged for.
F5Location of office
2A
The Commission shall comply with any direction given by the Parliamentary corporation as to the location of the Commission's office.
F6Sharing of premises, staff, services and other resources
2B
The Commission shall comply with any direction given by the Parliamentary corporation as to the sharing of premises, staff, services or other resources with any other public body or any officeholder.
Disqualification
3
A person is disqualified from being appointed as, or from being, a member of the Commission if the person is disqualified under any enactment, including this Act, from being elected, or being, a councillor or under this Act from being a member of any devolved public body F7. . . .
Convener
4
F8The Parliamentary corporation shall appoint one member of the Commission as its convener.
F9Tenure of office, remuneration etc.
5
(1)
Each member of the Commission shall hold office for such period, not exceeding eight years, as the Parliamentary corporation determines at the time of appointment.
(2)
A person who has ceased to be a member is ineligible for reappointment at any time.
(3)
A member may resign office at any time by notice in writing given to the Parliamentary corporation.
(4)
A member may be removed from office by the Parliamentary corporation if sub-paragraph (5) applies.
(5)
This sub-paragraph applies if—
(a)
the Parliamentary corporation is satisfied that the member has breached the member's terms and conditions of office and the Parliament resolves that the member should be removed from office for that breach; or
(b)
the Parliament resolves that it has lost confidence in the member's willingness, suitability or ability to exercise that member's functions,
and, in either case, the resolution is voted for by a number of members not fewer than two thirds of the total number of seats for members of the Parliament.
(6)
The Parliamentary corporation may, in the terms and conditions of office of a member, specify the minimum period of notice for the purposes of sub-paragraph (3).
(7)
Each member is entitled to—
(a)
such remuneration; and
(b)
such allowances,
as the Parliamentary corporation determines.
(8)
In other respects, each member holds office on such terms and conditions as the Parliamentary corporation determines.
(9)
Those terms and conditions may, without prejudice to paragraph 3—
(a)
prohibit the member from holding any other specified office, employment or appointment or engaging in any other specified occupation;
(b)
provide that the member's holding of any such office, employment or appointment or engagement in any such occupation is subject to the approval of the Parliamentary corporation;
(c)
for the purposes of this sub-paragraph, provide differently for the member appointed as convener and the other members.
(10)
In sub-paragraph (9), “specified” means specified in the terms and conditions of office or within a description so specified.
F10Subsequent appointments etc.
5A
(1)
A person who has ceased to be a member may not, without the approval of the Parliamentary corporation—
(a)
be employed or appointed in any other capacity by the Commission;
(b)
F11be, or be an employee or appointee of, the Commissioner or be, or be an employee or appointee of, the Scottish Public Services Ombudsman;
(c)
hold any other office, employment or appointment or engage in any other occupation, being an office, employment, appointment or occupation which, by virtue of paragraph 5(9)(a), that person could not have held or, as the case may be, engaged in when a member.
(2)
The restriction in sub-paragraph (1)—
(a)
starts when the person ceases to be a member; and
(b)
ends on the expiry of the financial year following the one in which it started.
Remuneration and allowances
F96
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employees
7
(1)
The Commission shall appoint such staff as it considers necessary for the purpose of enabling it F12to exercise its functions.
(2)
It shall pay to the members of its staff so appointed (referred to in this paragraph as “employees”) such remuneration and allowances as F13it may determine.
(3)
Its employees shall be appointed on such other terms and conditions of service as it thinks fit.
(4)
It shall—
(a)
pay such pensions, allowances or gratuities to or in respect of any persons who have been or are employees as F13it may determine; and
(b)
make such payments as F13it may determine towards the provision of pensions, allowances or gratuities to or in respect of any such persons.
F14(4A)
The exercise of a power in this paragraph requires the approval of the Parliamentary corporation.
(5)
References in sub-paragraph (4) above to pensions, allowances or gratuities to or in respect of any such persons as are mentioned in that sub-paragraph include pensions, allowances or gratuities by way of compensation to or in respect of any employees of the Commission who suffer loss of office or employment.
Chief Investigating Officer
8
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16Advisers and other services
8A
(1)
The Commission may obtain advice, assistance or any other service from any person who, in the opinion of the Commission, is qualified to give it.
(2)
The Commission may pay to that person such fees and allowances as the Commission determines.
(3)
Any payment under sub-paragraph (2) is subject to the approval of the Parliamentary corporation.
Proceedings
9
(1)
The Commission may regulate its own procedure (and in particular may specify a quorum for meetings).
(2)
The validity of its proceedings is not affected—
(a)
by any vacancy among its members or in the office of its convener;
(b)
by any defect in the appointment of any person as convener or member; or
(c)
by a contravention of paragraph 4 above or 10 below.
Members’ interests
10
Any member of the Commission who is directly or indirectly interested in any matter being considered at a meeting of the Commission—
(a)
must disclose the nature of that interest to the meeting; and
(b)
must not take part in any deliberation or decision of the Commission with respect to that matter.
F17Strategic plans
10A
(1)
The Commission shall, in respect of each 4 year period, lay before the Parliament a plan (referred to in this section as a “strategic plan”) setting out how the Commission proposes to exercise the Commission's functions during the 4 year period.
(2)
A strategic plan shall, in particular, set out—
(a)
the Commission's objectives and priorities during the 4 year period;
(b)
how the Commission proposes to achieve them;
(c)
a timetable for doing so; and
(d)
estimates of the costs of doing so.
(3)
Before laying a strategic plan before the Parliament, the Commission shall provide a draft of it to and invite, and (if any are given) consider, comments on it from—
(a)
the Parliamentary corporation; and
(b)
such other persons as the Commission thinks appropriate.
(4)
The reference in sub-paragraph (3)(b) to other persons includes a committee of the Parliament.
(5)
The Commission shall lay each strategic plan before the Parliament not later than the beginning of the 4 year period to which the plan relates.
(6)
The Commission shall arrange for the publication of each strategic plan laid before the Parliament.
(7)
The Commission may, at any time during a 4 year period, review the strategic plan for the period and lay a revised strategic plan before the Parliament.
(8)
Sub-paragraphs (2) to (7) apply to a revised strategic plan as they apply to a strategic plan.
(9)
In that application, the reference in sub-paragraph (5) to the 4 year period is a reference to the period to which the revised strategic plan relates.
(10)
In this section, “4 year period” means the period of 4 years beginning on 1 April next following the coming into force of this paragraph and each subsequent period of 4 years.
F18Accountable officer
10B
(1)
The Parliamentary corporation shall designate a member or employee of the Commission as the accountable officer for the purposes of this paragraph.
(2)
The functions of the accountable officer are—
(a)
signing the accounts of the expenditure and receipts of the Commission;
(b)
ensuring the propriety and regularity of the finances of the Commission;
(c)
ensuring that the resources of the Commission are used economically, efficiently and effectively; and
(d)
the duty set out in sub-paragraph (3).
(3)
Where the accountable officer is required to act in some way but considers that to do so would be inconsistent with the proper exercise of the functions specified in sub-paragraph (2)(a) to (c), the accountable officer shall—
(a)
obtain written authority from the Commission before taking the action; and
(b)
send a copy of the authority as soon as possible to the Auditor General for Scotland.
(4)
The accountable officer is answerable to the Parliament for the performance of the functions in sub-paragraph (2).
F19Budget
10C
(1)
The Commission shall, before the start of each financial year, prepare proposals for its use of resources and expenditure during the year (a “budget”) and, by such date as the Parliamentary corporation determines, send the budget to the Parliamentary corporation for approval.
(2)
The Commission may, in the course of a financial year, prepare a revised budget for the remainder of the year and send it to the Parliamentary corporation for approval.
(3)
In preparing a budget or a revised budget, the Commission shall ensure that the resources of the Commission will be used economically, efficiently and effectively.
(4)
A budget or revised budget shall contain a statement that the Commission has complied with the duty under sub-paragraph (3).
F20Commission's expenses and liabilities
10D
(1)
The Parliamentary corporation shall pay any expenses properly incurred by the Commission in the exercise of its functions so far as not met out of sums received and applied by it under paragraph 2(5).
(2)
Sub-paragraph (1) does not require the Parliamentary corporation to pay any expenses incurred by the Commission which exceed or are otherwise not covered by a budget or, as the case may be, revised budget approved under paragraph 10C.
(3)
However, the Parliamentary corporation may pay those expenses.
(4)
The Parliamentary corporation shall indemnify the Commission in respect of any liability incurred by it in the exercise of its functions.
F21Accounts and audit
10E
(1)
The Commission shall, in accordance with such directions in that regard as the Scottish Ministers may give—
(a)
keep proper accounts and accounting records;
(b)
prepare annual accounts in respect of each financial year; and
(c)
send a copy of the annual accounts to the Auditor General for Scotland for auditing.
(2)
If requested by any person, the Commission shall make the audited accounts available, at any reasonable time, without charge and in printed or electronic form, so that they may be inspected by that person.
F22Annual reports
10F
(1)
The Commission shall lay before the Parliament annually a general report on the exercise of its functions during the reporting year.
(2)
The report shall, in particular, include—
(a)
a summary of any hearings held by the Commission during the reporting year; and
(b)
a summary of any other activities undertaken by it during that year in pursuance of its functions.
(3)
The report shall be laid before the Parliament within seven months after the end of the reporting year.
(4)
The Commission shall arrange for the publication of each report laid before the Parliament under this paragraph.
(5)
In preparing a report under this paragraph, the Commission shall comply with any direction given by the Parliamentary corporation as to the form and content of the report.
(6)
In this section “reporting year” means the year beginning on 1 April.
Expenses
11
F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24SCHEDULE 2
Appointment
1
F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff
2
F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Status
3
F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3 DEVOLVED PUBLIC BODIES
The Accounts Commission for Scotland
F28Bòrd na Gàidhlig
F29The British Waterways Board
F30...
F31The Cairngorms National Park Authority
F32Children’s Hearings Scotland
F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Common Services Agency for the Scottish Health Service, constituted under section 10 of the National Health Service (Scotland) Act 1978 (c.29)
F35...
F36Creative Scotland
F37The Crofting Commission
F38Crown Estate Scotland (Interim Management)
F39Food Standards Scotland
F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The board of management within the meaning of subsection (1) of section 36 of the Further and Higher Education (Scotland) Act 1992 (c.37) of a college of further education within the meaning of that subsection
A health board, constituted under section 2 of the National Health Service (Scotland) Act 1978 (c.29)
F42Healthcare Improvement Scotland
F43NHS Health Scotland
F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Highlands and Islands Enterprise
F44An integration joint board established under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014
F45Historic Environment Scotland
F46The Judicial Appointments Board for Scotland
F47The Loch Lomond and The Trossachs National Park Authority
The Mental Welfare Commission for Scotland
The Board of Trustees for the National Galleries of Scotland, established under section 3 of the National Galleries of Scotland Act 1906 (c.50)
A National Health Service trust
F48National Waiting Times Centre Board
F49NHS 24
F50The National Library of Scotland
The Board of Trustees of the National Museums of Scotland
F51NHS Education for Scotland
F52Revenue Scotland
F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F55Risk Management Authority
F56Quality Meat Scotland
F57A regional board (within the meaning of the Further and Higher Education (Scotland) Act 2005)
The Board of Trustees of the Royal Botanic Garden, Edinburgh
Scottish Agricultural Wages Board
Scottish Ambulance Service Board
F58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F59The Scottish Charity Regulator
Scottish Children’s Reporter Administration
F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Scottish Criminal Cases Review Commission
Scottish Enterprise
The Scottish Environment Protection Agency
F62The Scottish Fire and Rescue Service
F63The Scottish Further and Higher Education Funding Council
F64The Scottish Housing Regulator
F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Scottish Homes
F66The Scottish Land Commission
F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Scottish Legal Aid Board
F68The Scottish Legal Complaints Commission
F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Scottish Natural Heritage
F70Scottish Police Authority
F71...
The Scottish Qualifications Authority
F72Scottish Social Services Council
The Scottish Sports Council
F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F73Scottish Water
F74Social Care and Social Work Improvement Scotland
The State Hospitals Board for Scotland
F75A Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12)
F76VisitScotland
F77The Water Industry Commission for Scotland
SCHEDULE 4REPEALS
Enactment | Extent of repeal |
|---|---|
Local Government (Scotland) Act 1973 (c.65) | Sections 38 to 42. |
Section 60. | |
Local Government (Scotland) Act 1975 (c.30) | In section 28, subsection (3), the words “except where subsection (3A) below applies”; and subsection (3A). |
Local Government and Planning (Scotland) Act 1982 (c.43) | In Schedule 3, paragraph 14. |
Financial Services Act 1986 (c.60) | In Schedule 16, paragraph 9. |
Local Government Act 1988 (c.9) | Section 28. |
Local Government and Housing Act 1989 (c.42) | Section 19. |
Section 32(2). | |
In Schedule 6, paragraph 23. | |
In Schedule 11, paragraph 33. | |
Local Government Finance Act 1992 (c.14) | In Schedule 13, paragraph 35. |
Local Government etc. (Scotland) Act 1994 (c.39) | In Schedule 13, paragraphs 92(9) and 161(9). |