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

SCHEDULE 1 S THE STANDARDS COMMISSION FOR SCOTLAND

(introduced by section 8)

Status S

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 S

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

(b) the functions [F1 under this Act] of the [F2 Commissioner].

(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.]

Textual Amendments

F1 Words in sch. 1 para. 2(1)(b) inserted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 2(5), 31(5), sch. 1 para. 8 (with s. 31(6), sch. 7)

F2 Words in sch. 1 para. 2(1) substituted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 2(5), 31(5), sch. 1 para. 2 (with s. 31(6), sch. 7)

F3 Words in sch. 1 para. 2(2) inserted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 29(2), 31(5), sch. 2 para. 5(a) (with s. 31(6), sch. 7)

F4 Sch. 1 para. 2(3)-(5) inserted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 29(2), 31(5), sch. 2 para. 5(b) (with s. 31(6), sch. 7)

Location of office S

[F5 2A The Commission shall comply with any direction given by the Parliamentary corporation as to the location of the Commission's office.]

Textual Amendments

F5 Sch. 1 para. 2A inserted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 29(2), 31(5), sch. 2 para. 6 (with s. 31(6), sch. 7)

Sharing of premises, staff, services and other resources S

[F6 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.]

Textual Amendments

F6 Sch. 1 para. 2B inserted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 29(2), 31(5), sch. 2 para. 6 (with s. 31(6), sch. 7)

Disqualification S

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 . . . .

Textual Amendments

F7 Words in sch. 1 para. 3 repealed (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 32, 37(2), sch. 5 para. 6(d) (with s. 36); S.S.I. 2005/351, art. 2, Sch. 2 (with art. 3(3))

Convener S

4 [F8 The Parliamentary corporation] shall appoint one member of the Commission as its convener.

Textual Amendments

F8 Words in sch. 1 para. 4 substituted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 29(2), 31(5), sch. 2 para. 7 (with s. 31(6), sch. 7)

Tenure of office, remuneration etc. S

[F9 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.]

Textual Amendments

F9 Sch. 1 para. 5 substituted for Sch. 1 paras. 5, 6 (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), s. 31(5), sch. 2 para. 8 (with s. 31(6), sch. 7)

Subsequent appointments etc. S

[F10 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) [F11 be, 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.]

Textual Amendments

F10 Sch. 1 para. 5A inserted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 29(2), 31(5), sch. 2 para. 9 (with s. 31(6), sch. 7)

F11 Words in sch. 1 para. 5A(1)(b) substituted (1.7.2013) by The Public Services Reform (Commissioner for Ethical Standards in Public Life in Scotland etc.) Order 2013 (S.S.I. 2013/197), art. 1, sch. 2 para. 8(a) (with sch. 4 para. 3)

Remuneration and allowances S

F9 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 1 para. 5 substituted for Sch. 1 paras. 5, 6 (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), s. 31(5), sch. 2 para. 8 (with s. 31(6), sch. 7)

Employees S

7 (1) The Commission shall appoint such staff as it considers necessary for the purpose of enabling it [F12 to 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 [F13 it] 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 [F13 it] may determine; and

(b) make such payments as [F13 it] 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.

Textual Amendments

F12 Words in sch. 1 para. 7(1) substituted (1.7.2013) by The Public Services Reform (Commissioner for Ethical Standards in Public Life in Scotland etc.) Order 2013 (S.S.I. 2013/197), art. 1, sch. 2 para. 8(b) (with sch. 4 para. 3)

F13 Words in sch. 1 para. 7(2)(4) substituted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 29(2), 31(5), sch. 2 para. 10(a) (with s. 31(6), sch. 7)

F14 Sch. 1 para. 7(4A) inserted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 29(2), 31(5), sch. 2 para. 10(b) (with s. 31(6), sch. 7)

Chief Investigating Officer S

8 F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Sch. 1 para. 8 repealed (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 29(2), 31(5), sch. 2 para. 11 (with s. 31(6), sch. 7)

Advisers and other services S

[F16 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.]

Textual Amendments

F16 Sch. 1 para. 8A inserted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 29(2), 31(5), sch. 2 para. 12 (with s. 31(6), sch. 7)

Proceedings S

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 S

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.

Strategic plans S

[F17 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.]

Textual Amendments

F17 Sch. 1 para. 10A inserted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 29(2), 31(5), sch. 2 para. 13 (with s. 31(6), sch. 7)

Accountable officer S

[F18 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).]

Textual Amendments

F18 Sch. 1 paras. 10B-10E inserted (1.8.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), s. 31(3), sch. 2 para. 14 (with s. 31(6), sch. 7)

Budget S

[F19 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).]

Textual Amendments

F19 Sch. 1 paras. 10B-10E inserted (1.8.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), s. 31(3), sch. 2 para. 14 (with s. 31(6), sch. 7)

Commission's expenses and liabilities S

[F20 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.]

Textual Amendments

F20 Sch. 1 paras. 10B-10E inserted (1.8.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), s. 31(3), sch. 2 para. 14 (with s. 31(6), sch. 7)

Accounts and audit S

[F21 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.]

Textual Amendments

F21 Sch. 1 paras. 10B-10E inserted (1.8.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), s. 31(3), sch. 2 para. 14 (with s. 31(6), sch. 7)

Annual reports S

[F22 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.]

Textual Amendments

F22 Sch. 1 para. 10F inserted (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 29(2), 31(5), sch. 2 para. 16 (with s. 31(6), sch. 7)

Expenses S

11 F23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 Sch. 1 para. 11 repealed (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 29(2), 31(5), sch. 2 para. 15 (with s. 31(6), sch. 7)

F24 SCHEDULE 2 S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Sch. 2 repealed (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 29(2), 31(5), sch. 2 para. 17 (with s. 31(6), sch. 7)

SCHEDULE 3 S DEVOLVED PUBLIC BODIES

(introduced by section 28)

The Accounts Commission for Scotland

[F28 Bòrd na Gàidhlig]

Textual Amendments

F28 Sch. 3; entry for "Bòrd na Gàidhlig" inserted (13.2.2006) by Gaelic Language (Scotland) Act 2005 (asp 7), ss. 12, 13(2), sch. 2 para. 1; S.S.I. 2006/31, art. 2

[F29 The British Waterways Board]

Textual Amendments

F29 Words in sch. 3 inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 3 para. 23 (with arts. 4-6)

F30 ...

Textual Amendments

F30 Words in sch. 3 repealed (1.10.2015) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 6 para. 1(a) (with ss. 29, 30); S.S.I. 2015/196, art. 2, sch.

[F31 The Cairngorms National Park Authority]

Textual Amendments

F31 Sch. 3: entry for "The Cairngorms National Park Authority" inserted (7.1.2003) by The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I. 2003/1), art. 15(1)

[F32 Children’s Hearings Scotland]

Textual Amendments

F32 Words in sch. 3 inserted (18.4.2011) by The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies and Stipulated Time Limit) and the Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2011 (S.S.I. 2011/113), arts. 1, 2

F33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33 Sch. 3: entries relating to "the controlling body of an area tourist board established under section 172 of the Local Government etc. (Scotland) Act 1994 (c. 39)" and "the Scottish Tourist Board" repealed (1.4.2007) by Tourist Boards (Scotland) Act 2006 (asp 15), ss. 4, 5(1), sch. 2 para. 6(a)(i)(ii); S.S.I. 2007/47, art. 2

F34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34 Sch. 3: entries relating to "The Clinical Standards Board for Scotland", "The Health Technology Board for Scotland" and "The Scottish Council for Post Graduate Medical and Dental Education" omitted (1.5.2003) by virtue of The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies) Order 2003 (S.S.I. 2003/119), art. 2(2)(a)

The Common Services Agency for the Scottish Health Service, constituted under section 10 of the National Health Service (Scotland) Act 1978 (c.29)

F35 ...

Textual Amendments

F35 Words in sch. 3 repealed (31.3.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 2 para. 3; S.S.I. 2017/33, reg. 2(1)(2), sch.

[F36 Community Justice Scotland]

Textual Amendments

F36 Words in sch. 3 inserted (1.4.2017) by Community Justice (Scotland) Act 2016 (asp 10), s. 41(2), sch. 1 para. 14(1); S.S.I. 2017/33, reg. 2(3)

[F37 Creative Scotland]

Textual Amendments

F37 Sch. 3: entry relating to "Creative Scotland" inserted after the entry relating to "A community justice authority" (1.7.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 43, 134(7), sch. 10 para. 1; S.S.I. 2010/221, art. 3(1)

[F38 The Crofting Commission]

Textual Amendments

F38 Words in sch. 3 substituted (1.4.2012) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 4 (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 2 (with art. 4)

[F39 Crown Estate Scotland (Interim Management)]

Textual Amendments

F39 Words in sch. 3 inserted (16.2.2017) by The Crown Estate Scotland (Interim Management) Order 2017 (S.S.I. 2017/36), arts. 1(1), 21(2)

[F40 Food Standards Scotland ]

Textual Amendments

F40 Words in sch. 3 inserted (1.4.2015) by Food (Scotland) Act 2015 (asp 1), ss. 17(1), 63(2) (with s. 62); S.S.I. 2015/99, art. 2

F41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41 Sch. 3: entry relating to "The Deer Commission for Scotland" repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 1(5), 134(7), sch. 1 para. 28; S.S.I. 2010/221, art. 3(2), sch.

F42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42 Sch. 3: entries repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(2), sch. 7 para. 28(a) (with s. 67); S.S.I. 2002/118, art. 2(3)

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)

[F43 Healthcare Improvement Scotland]

Textual Amendments

F43 Words in sch. 3 inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 17 para. 24(b); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

[F44 NHS Health Scotland]

Textual Amendments

F44 Sch. 3: entry for "NHS Health Scotland" substituted for "Health Education Board for Scotland" (27.6.2003) by The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies) (No. 2) Order 2003 (S.S.I. 2003/279), art. 2(2)

F34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Highlands and Islands Enterprise

[F45 An integration joint board established under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014]

Textual Amendments

F45 Words in sch. 3 inserted (1.4.2015) by The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications and Saving) Order 2015 (S.S.I. 2015/157), art. 1(1), sch. para. 5

[F46 Historic Environment Scotland ]

Textual Amendments

F46 Words in sch. 3 inserted (27.2.2015) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 6 para. 1(b) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.

[F47 ILF Scotland]

Textual Amendments

F47 Words in sch. 3 inserted (28.6.2018) by The Ethical Standards in Public Life etc. (Scotland) Act 2000 (ILF Scotland) Order 2018 (S.S.I. 2018/148), arts. 1, 2(2)

[F48 The Judicial Appointments Board for Scotland]

Textual Amendments

F48 Sch. 3: entry in respect of "The Judicial Appointments Board for Scotland" inserted (1.6.2009) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 19(4), 76(1), sch. 1 para. 19; S.S.I. 2009/192, art. 2, sch.

[F49 The Loch Lomond and The Trossachs National Park Authority]

Textual Amendments

F49 Sch. 3: entry inserted (25.4.2002) by The Loch Lomond and The Trossachs National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2002 (S.S.I. 2002/201), arts. 1, 15(1)

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

[F50 National Waiting Times Centre Board]

Textual Amendments

F50 Entry in respect of "National Waiting Times Centre Board" inserted (9.10.2009) by The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies) Order 2009 (S.S.I. 2009/286), art. 2(2)(b)

[F51 NHS 24]

Textual Amendments

F51 Entry relating to "NHS 24" inserted (9.10.2009) by The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies) Order 2009 (S.S.I. 2009/286), art. 2(2)(b)

[F52 The National Library of Scotland ]

Textual Amendments

F52 Words in sch. 3 substituted (1.2.2013) by National Library of Scotland Act 2012 (asp 3), s. 12(3), sch. 2 para. 4; S.S.I. 2013/1, art. 2

The Board of Trustees of the National Museums of Scotland

[F53 The Poverty and Inequality Commission]

Textual Amendments

F53 Words in sch. 3 inserted (1.7.2019) by Child Poverty (Scotland) Act 2017 (asp 6), s. 16(2), sch. para. 13(1)

[F54 Public Health Scotland]

Textual Amendments

F54 Words in sch. 3 inserted (7.12.2019) by The Public Health Scotland Order 2019 (S.S.I. 2019/336), art. 1(2), sch. 2 para. 1(2)(b) (with art. 4(4)(5))

[F55 NHS Education for Scotland]

Textual Amendments

F55 Sch. 3: entry relating to "NHS Education for Scotland" inserted (1.5.2003) by The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies) Order 2003 (S.S.I. 2003/119), art. 2(2)(b)

[F56 Revenue Scotland]

Textual Amendments

F56 Words in sch. 3 inserted (1.1.2015) by Revenue Scotland and Tax Powers Act 2014 (asp 16), s. 260(2), sch. 4 para. 4 (with ss. 257-259); S.S.I. 2014/370, art. 2, sch.

F57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57 Sch. 3: entry relating to "NHS Quality Improvement Scotland" repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 110(2), 134(7), sch. 17 para. 24(a); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58 Sch. 3: entry in respect of "The Parole Board for Scotland" repealed (9.10.2009) by The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies) Order 2009 (S.S.I. 2009/286), art. 2(2)(a)

[F59 Risk Management Authority]

Textual Amendments

F59 Sch. 3: entry for "Risk Management Authority" inserted (24.1.2005) by The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies) Order 2004 (S.S.I. 2004/543), art. 2(2)(i)

[F60 Quality Meat Scotland]

Textual Amendments

F60 Entry in respect of "Quality Meat Scotland" inserted before the entry relating to "The Board of Trustees of the Royal Botanic Garden, Edinburgh" (9.10.2009) by The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies) Order 2009 (S.S.I. 2009/286), art. 2(2)(c)

[F61 A regional board (within the meaning of the Further and Higher Education (Scotland) Act 2005) ]

Textual Amendments

F61 Words in sch. 3 inserted (1.5.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), sch. para. 4; S.S.I. 2014/79, art. 2(1), sch. 1

The Board of Trustees of the Royal Botanic Garden, Edinburgh

Scottish Agricultural Wages Board

Scottish Ambulance Service Board

F62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62 Sch. 3: entry relating to "The Scottish Arts Council" repealed (1.7.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 43, 134(7), sch. 10 para. 1; S.S.I. 2010/221, art. 3(1)

[F63 The Scottish Charity Regulator]

Textual Amendments

F63 Sch. 3: entry for "The Scottish Charity Regulator" inserted before the entry relating to the "Scottish Children's Reporter Administration" (1.4.2006) by Charities and Trustee Investment (Scotland) Act 2005 (asp 10), ss. 104, 107(2), sch. 4 para. 12, S.S.I. 2006/189, art. 2(1), sch. Pt. 1

Scottish Children’s Reporter Administration

[F64 The Scottish Commission on Social Security]

Textual Amendments

F64 Words in sch. 3 inserted (21.1.2019) by Social Security (Scotland) Act 2018 (asp 9), s. 99(2), sch. 1 para. 18; S.S.I. 2018/393, reg. 2 (with reg. 3)

F65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F65 Sch. 3: entry relating to the Scottish Conveyancing and Executry Services Board repealed (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2), sch. 4 para. 15(b); S.S.I. 2003/384, art. 2(d)

F66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F66 Sch. 3 entry repealed (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 1(a); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

F34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Scottish Criminal Cases Review Commission

Scottish Enterprise

The Scottish Environment Protection Agency

[F67 The Scottish Fire and Rescue Service]

Textual Amendments

F67 Words in sch. 3 inserted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 61; S.S.I. 2012/253, art. 2, sch.

[F68 The Scottish Fiscal Commission ]

Textual Amendments

F68 Words in sch. 3 inserted (1.4.2017) by Scottish Fiscal Commission Act 2016 (asp 17), ss. 29(1), 31(2); S.S.I. 2016/326, reg. 2(2)

[F69 The Scottish Further and Higher Education Funding Council]

Textual Amendments

F69 Sch. 3: entry for "the Scottish Further and Higher Education Funding Council" inserted after the entry relating to "the Scottish Environment Protection Agency" (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), ss. 32, 36(2), sch. 3 para. 9(a); S.S.I. 2005/419, art. 2(1)

[F70 The Scottish Housing Regulator ]

Textual Amendments

F70 Words in sch. 3 inserted (1.4.2011) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), sch. 2 para. 6; S.S.I. 2011/96, art. 2, sch.

F71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71 Sch. 3: entries relating to "the Scottish Further Education Funding Council" and "the Scottish Higher Education Funding Council" repealed (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), ss. 32, 36(2), sch. 3 para. 9(b); S.S.I. 2005/419, art. 2(1)

F71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Scottish Homes

[F72 The Scottish Land Commission ]

Textual Amendments

F72 Words in sch. 3 inserted (1.11.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 21(1), 130(1) (with s. 128); S.S.I. 2016/250, reg. 2(1)(2), sch. 1 (with reg. 3)

F73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F73 Sch. 3: entry relating to "the Scottish Hospital Endowments Research Trust" repealed (1.11.2005) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 42(2), 43(3), sch. 3; S.S.I. 2005/492, art. 3, sch. 2

The Scottish Legal Aid Board

[F74 The Scottish Legal Complaints Commission]

Textual Amendments

F74 Sch. 3: entry relating to "Scottish Legal Complaints Commission" inserted after the entry relating to the "Scottish Legal Aid Board" (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82(2), sch. 5 para. 4 (with s. 77); S.S.I. 2008/311, art. 2(i)

F75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F75 Sch. 3: entry relating to the Scottish Medical Practices Committee repealed (1.4.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2), sch. 4 para. 15(a); S.S.I. 2004/148, art. 2(c)

Scottish Natural Heritage

[F76 Scottish Police Authority]

Textual Amendments

F76 Words in sch. 3 inserted (8.8.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(1)(a), sch. 1 para. 14

F77 ...

Textual Amendments

F77 Words in sch. 3 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

The Scottish Qualifications Authority

[F78 Scottish Social Services Council]

Textual Amendments

F78 Sch. 3: entry for "Scottish Social Service Council" inserted (24.1.2005) by The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies) Order 2004 (S.S.I. 2004/543), art. 2(2)(iii)

The Scottish Sports Council

F33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F79 Scottish Water]

Textual Amendments

F79 Sch. 3: entry inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(2), sch. 7 para. 28(b) (with s. 67); S.S.I. 2002/118, art. 2(3)

[F80 Social Care and Social Work Improvement Scotland]

Textual Amendments

F80 Words in sch. 3 inserted (1.10.2010 for specified purposes, 1.4.2011 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 14 para. 1(b); S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.

[F81 South of Scotland Enterprise]

Textual Amendments

F81 Words in sch. 3 inserted (16.10.2019) by South of Scotland Enterprise Act 2019 (asp 9), s. 24(2), sch. 2 para. 1; S.S.I. 2019/308, reg. 2

The State Hospitals Board for Scotland

[F82 A Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12)]

Textual Amendments

F82 Sch. 3: entry for "Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12)" inserted after the entry for "The State Hospitals Board for Scotland" (10.10.2005) by Transport (Scotland) Act 2005 (asp 12), ss. 4, 54(2), sch. 1 para. 17; S.S.I. 2005/454, art. 2, sch. 2

[F83 VisitScotland]

Textual Amendments

F83 Sch. 3: entry for "VisitScotland" inserted after the entry relating to a "Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12)" (1.4.2007) by Tourist Boards (Scotland) Act 2006 (asp 15), ss. 4, 5(1), sch. 2 para. 6(b); S.S.I. 2007/47, art. 2

[F84 The Water Industry Commission for Scotland]

Textual Amendments

F84 Sch. 3: entry for "The Water Industry Commission for Scotland" inserted after the entry for "The State Hospitals Board for Scotland" (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 32, 37(2), sch. 5 para. 6(e) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2 (with art. 3(3))

SCHEDULE 4 S REPEALS

(introduced by section 36)

Commencement Information

I1 Sch. 4 wholly in force at 1.5.2003; Sch. 4 not in force at Royal Assent, see s. 37(2); Sch. 4 in force for specified purposes at 29.3.2001 by S.S.I. 2001/113, art. 2(d); Sch. 4 in force insofar as not already in force at 1.5.2003 by S.S.I. 2003/74, art. 2(2)(e)

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).