The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies) Order 2009

Scottish Statutory Instruments

2009 No. 286

Local Government

The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies) Order 2009

Made

30th July 2009

Laid before the Scottish Parliament

5th August 2009

Coming into force

9th October 2009

The Scottish Ministers make the following Order in exercise of the powers conferred by section 28(2) of the Ethical Standards in Public Life etc. (Scotland) Act 2000(1) and all other powers enabling them to do so.

Citation and commencement

1.  This Order may be cited as the Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies) Order 2009 and comes into force on 9th October 2009.

Devolved public bodies

2.—(1) The Ethical Standards in Public Life etc. (Scotland) Act 2000 is amended in accordance with the provisions of paragraph (2).

(2) In schedule 3(2) (devolved public bodies)–

(a) omit “The Parole Board for Scotland”;

(b) insert after “A National Health Service trust”–

“National Waiting Times Centre Board”(3);

“NHS 24”(4); and

(c) insert before “The Board of Trustees of the Royal Botanic Garden, Edinburgh”–

“Quality Meat Scotland(5)”.

JOHN SWINNEY

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

30th July 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order modifies schedule 3 to the Ethical Standards in Public Life etc. (Scotland) Act 2000 (“the 2000 Act”) which lists those bodies that are “devolved public bodies” for the purposes of that Act.

Article 2(2)(a) removes from schedule 3 of the 2000 Act the Parole Board for Scotland, thus releasing it from the obligation to subscribe to an approved code of conduct, bringing it into line with other Tribunal Non Departmental Public Bodies.

Article 2(2)(b) and (c) add National Waiting Times Centre Board, NHS 24 and Quality Meat Scotland to schedule 3 of the 2000 Act. The bodies will become subject to the obligation to adopt an approved code of conduct, which will be legally enforceable.

(1)

2000 asp 7.

(2)

Schedule 3 has been amended but none of the amendments are relevant to this Order.

(3)

Established by the National Waiting Times Centre Board (Scotland) Order 2002 (S.S.I. 2002/305).

(4)

Established by the NHS24 (Scotland) Order 2001 (S.S.I. 2001/137).

(5)

Established by the Quality Meat Scotland Order 2008 (S.S.I. 2008/77).