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

4 Revisal etc. of members’ codes S

(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.