- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (28/06/2018)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 16/09/2020
Point in time view as at 28/06/2018.
There are currently no known outstanding effects for the Ethical Standards in Public Life etc. (Scotland) Act 2000,
PART 3
.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)In Parts 1 and 2 and this Part of this Act—
[F1“Commissioner” means the Commissioner for Ethical Standards in Public Life in Scotland;]
“the Commission” means the Standards Commission for Scotland set up by section 8 above;
“council” means a council constituted by section 2 of the Local Government etc. (Scotland) Act 1994 (c.39);
“councillor” shall be construed accordingly;
“councillors’ code” means the code of conduct for councillors for which provision is made in section 1 above;
“devolved public body” means a body listed in schedule 3 to this Act;
[F2“investigation” means an investigation under this Act;]
“joint board” and “joint committee” have the meanings respectively given by section 235 of the Local Government (Scotland) Act 1973 (c.65);
“members’ code” means a code of conduct for members of a devolved public body for which code provision is made in section 3 above;
“members’ model code” means the model code for members of devolved public bodies issued under section 2(1) above;
“Ministers” means the Scottish Ministers.
(2)Ministers may by order modify schedule 3 to this Act by—
(a)adding to the bodies listed there any Scottish public authority with mixed functions or no reserved functions;
(b)deleting the entry relating to any body listed there.
(3)An order under subsection (2) above may contain such provisions as appear to Ministers to be necessary or expedient in connection with the addition or deletion effected by the order, including provisions modifying the application of this Act or any other enactment to the body to which the order relates.
(4)An order under subsection (2) above 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.
Textual Amendments
F1Words in s. 28(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. 7 (with sch. 4 para. 3)
F2S. 28(1): definition of "investigation" inserted after "devolved public body" (1.4.2011) by Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), ss. 2(5), 31(5), sch. 1 para. 7 (with s. 31(6), sch. 7)
(1)In section 35 (vacation of office by failure to attend meetings) of the Local Government (Scotland) Act 1973 (c.65)—
(a)in subsection (1) for “(2) and (3)” there is substituted “ (2) to (4) ”; and
(b)at the end there is added—
“(4)The absence of a member of a local authority from a meeting of the authority during a period of suspension imposed on the member under section 103F or 103G of this Act or section 19 or 21(2) of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7) is not, for the purposes of this section, a failure to attend the meeting.”.
(2)In section 36 (casual vacancies) of that Act, in paragraph (c), after the word “principal” there is inserted “ or become vacant by operation of section 19(3)(a) (effect of disqualification) of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7). ”.
(1)Ministers may, by order, make such modification as they consider necessary or expedient of any enactment or instrument governing the conduct of a councillor or a member of a devolved public body F3. . . or the tenure of office, suspension, removal from office, disqualification or discipline of any such person in order to make that enactment or instrument consistent with this Act and with the provisions of any code under it applicable to that person.
(2)An order under subsection (1) above shall be made by statutory instrument.
(3)No such order shall be made unless a draft of the statutory instrument has been laid before, and approved by a resolution of, the Scottish Parliament.
Textual Amendments
F3Words in s. 30 repealed (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 32, 37(2), sch. 5 para. 6(c) (with s. 36); S.S.I. 2005/351, art. 2, sch. 2 (with art. 3(3))
Subject to sections 30 above and 36 below, nothing in this Act or in any code under it affects the continued operation in relation to a member of a devolved public body of any enactment or other provision governing the conduct of that member or that member’s tenure of office or the suspension, removal from membership, disqualification or discipline of that member.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys