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The Public Services Reform (Commissioner for Ethical Standards in Public Life in Scotland etc.) Order 2013

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Public Services Reform (Commissioner for Ethical Standards in Public Life in Scotland etc.) Order 2013 No. 197

Citation and commencement

1.  This Order may be cited as the Public Services Reform (Commissioner for Ethical Standards in Public Life in Scotland etc.) Order 2013 and comes into force on 1st July 2013.

Interpretation

2.  In this Order, “the Act” means the Scottish Parliamentary Commissions and Commissioners etc. Act 2010(1).

Establishment of Commissioner for Ethical Standards in Public Life in Scotland etc.

3.—(1) For section 1 (establishment, members and functions of the Commission for Ethical Standards in Public Life in Scotland) of the Act substitute—

“1    The Commissioner for Ethical Standards in Public Life in Scotland

(1) There is to be a Commissioner for Ethical Standards in Public Life in Scotland (the “Commissioner”).

(2) The Commissioner is to be an individual appointed by the Parliamentary corporation with the agreement of the Parliament.

(3) The functions of the Commissioner are those conferred on the Commissioner by the following enactments—

(a)the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7),

(b)the Scottish Parliamentary Standards Commissioner Act 2002 (asp 16), and

(c)the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4).”.

(2) The modifications to the Act in Schedule 1 have effect.

Transfer of functions to Commissioner

4.—(1) There are transferred to the Commissioner for Ethical Standards in Public Life in Scotland—

(a)the functions of the Public Standards Commissioner for Scotland under—

(i)the Ethical Standards in Public Life etc. (Scotland) Act 2000; and

(ii)the Scottish Parliamentary Standards Commissioner Act 2002; and

(b)the functions of the Public Appointments Commissioner for Scotland under the Public Appointments and Public Bodies etc. (Scotland) Act 2003.

(2) Accordingly—

(a)the Commission for Ethical Standards in Public Life in Scotland is dissolved; and

(b)the following offices are abolished—

(i)the Public Appointments Commissioner for Scotland; and

(ii)the Public Standards Commissioner for Scotland; and

(c)the modifications to enactments in Schedule 2 have effect.

Transfer of staff, property and liabilities

5.  Schedule 3 (which provides for the transfer of staff, property and liabilities) has effect.

Transitional and savings provision

6.  Schedule 4 (which makes transitional and savings provision) has effect.

Name

A member of the Scottish Government

St Andrew’s House,

Edinburgh

Date

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