PART 3Oversight and enforcement
Commissioner's functions
38Commissioner's functions etc.
(1)
The Scottish Parliamentary Commissions and Commissioners etc. Act 2010 is modified as follows.
(2)
In section 1(3) (functions of the Commissioner)—
(a)
the word “and” after paragraph (b) is repealed,
(b)
“, and
(d)
the Lobbying (Scotland) Act 2016.”.
(3)
In section 5(1) (protection from actions for defamation)—
(a)
in paragraph (a)—
(i)
the word “or” in the second place where it occurs is repealed,
(ii)
after “Parliamentary Standards Act” insert “
or the Lobbying (Scotland) Act 2016
”
,
(b)
in paragraph (c)—
(i)
the word “or” in the second place where it occurs is repealed,
(ii)
after “Public Appointments Act” insert “
or the Lobbying (Scotland) Act 2016
”
.
(4)
“(3A)
The report must include, in relation to the performance of the Commissioner's functions under the Lobbying (Scotland) Act 2016—
(a)
the numbers of complaints made to the Commissioner during the reporting year,
(b)
the number of complaints which were withdrawn during the reporting year, broken down according to the stage of the investigation at which they were withdrawn,
(c)
in relation to assessments of admissibility under section 22(2)(a) of that Act—
(i)
the number completed,
(ii)
the number of complaints dismissed, and
(iii)
the number of complaints considered admissible,
during the reporting year,
(d)
in relation to investigations under section 22(2)(b)(i) of that Act—
(i)
the number completed,
(ii)
the number of reports made under section 22(2)(b)(ii) of that Act,
during the reporting year, and
(e)
the number of further investigations that the Commissioner has been directed to carry out under section 27(2) of that Act during the reporting year.”.
39Investigation of performance of Commissioner's functions
In paragraph 21ZA of schedule 2 of the Scottish Public Services Ombudsman Act 2002—
(a)
the word “and” is repealed,
(b)
at the end insert “
and the Lobbying (Scotland) Act 2016
”
.