Office of Public Sector Information
(1) As soon as possible after the end of each calendar year, the Commissioner shall lay before the Parliament an annual report upon the performance of the functions of the Commissioner throughout that year.
(2) Without prejudice to the generality of subsection (1), the annual report shall include, in relation to the year in question—
(a) the number of complaints made to the Commissioner;
(b) in relation to Stage 1, the number of Stage 1 investigations completed by the Commissioner, the number of complaints which are dismissed, and the number of complaints found to be admissible;
(c) in relation to Stage 2, the number of Stage 2 investigations completed by the Commissioner and the number of reports where the Commissioner reached the conclusion that the conduct complained about did or did not constitute a breach of a relevant provision;
(d) the number of complaints withdrawn by the complainer and the stage at which they were withdrawn; and
(e) the number of investigations carried out by the Commissioner under section 10(2).
(1) The Parliament may direct the Commissioner to undertake an investigation into any complaint which, on the day when this section comes into force, has been received, or is under investigation, by the Parliament.
(2) Any such direction may direct the Commissioner to take into account any information in connection with the complaint which is specified in the direction.
(3) Any such direction may, in relation to a particular complaint, direct the Commissioner to treat that complaint as being admissible and, if so, shall specify the relevant provision or provisions which is or are to be treated as having been identified by the Commissioner for the purposes of the first test.
(4) Subject to any such direction, any complaint which the Commissioner is directed to investigate shall be treated in the same way as any other complaint which is made to the Commissioner.
(5) Subject to any such direction, the provisions of this Act and of any other direction given under this Act shall apply, subject to any necessary modifications, in relation to any investigation and report by virtue of this section as they apply in relation to a complaint made to the Commissioner.
In this Act—
“acting Commissioner” shall be construed in accordance with section 2(1);
“admissible complaint” shall be construed in accordance with section 6(2) and related expressions shall be construed accordingly;
“Code of Conduct” means the Code of Conduct for members of the Parliament made under the standing orders;
“Commissioner” shall be construed in accordance with section 1(1);
“conduct” includes any act or failure to act and related expressions shall be construed accordingly;
“excluded complaint” shall be construed in accordance with section 3(2);
“first test”, “second test” and “third test” shall be construed in accordance with section 6(3);
“member of the Parliament” includes—
a Scottish Law Officer even where that officer is not a member of the Parliament; and
except for the purposes of section 1(3), a former member of the Parliament and a former Scottish Law Officer;
“the Parliament” includes any committee of the Parliament;
“Parliamentary corporation” means the Scottish Parliamentary Corporate Body;
“relevant provision” shall be construed in accordance with section 3(3);
“relevant time” shall be construed in accordance with section 3(4):
“Scotland Act” means the Scotland Act 1998 (c. 46);
“Scottish Law Officer” means the Lord Advocate or the Solicitor General for Scotland;
“specified requirement” shall be construed in accordance with section 6(5);
“Stage 1” and “Stage 2” shall be construed in accordance with section 5(1);
“stage of an investigation” shall be construed in accordance with section 5(1); and
“standing orders” means the standing orders of the Parliament.
(1) This Act may be cited as the Scottish Parliamentary Standards Commissioner Act 2002.
(2) This Act comes into force as follows—
(a) this section and sections 1 and 20 and the schedule shall come into force the day after the date of Royal Assent; and
(b) the remainder of this Act shall come into force at the end of the period of six months beginning with the date of Royal Assent.
(introduced by section 1)
1 (1) The appointment of the Commissioner shall be on such terms and conditions as the Parliamentary corporation may determine.
(2) Those terms and conditions may include arrangements for the payment of pensions, allowances and gratuities to, or in respect of, any person who has ceased to hold the office of the Commissioner.
(3) In particular, the Parliamentary corporation may—
(a) make contributions or payments towards provision for such pensions, allowances or gratuities; and
(b) establish and administer one or more pension schemes.
2 (1) The Commissioner may, with the consent of the Parliamentary corporation as to numbers, appoint staff to assist in carrying out the Commissioner’s functions.
(2) The Commissioner may, with the consent of the Parliamentary corporation, determine the terms and conditions of appointment of such staff, including arrangements for the payment of pensions, allowances or gratuities to, or in respect of, any person who has ceased to be a member of staff of the Commissioner.
(3) The Commissioner may authorise the staff appointed under this paragraph to exercise functions on behalf of the Commissioner.
3 The Commissioner may, with the consent of the Parliamentary corporation, appoint any person to provide services by assisting or advising the Commissioner in carrying out the Commissioner’s functions and may pay such fees or allowances to that person as the Commissioner may, with the like consent, determine.
4 The validity of any actings of the Commissioner is not affected by any defect in the appointment of that officer, including any disqualification from such appointment.
5 The Parliamentary corporation shall pay—
(a) the salary and allowances of the Commissioner;
(b) any pension, allowances and gratuities payable by virtue of paragraph 1(2) or contributions or payments towards their provision under paragraph 1(3); and
(c) any expenses incurred by the Commissioner in the exercise of the functions of the Commissioner, including any expenses incurred by the Commissioner by virtue of paragraphs 2 and 3
Scottish Parliamentary Standards Commissioner Act 2002