| Jurisdiction | Scotland |
| Citation | 2003 asp 4 |
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .of a person to an office specified in schedule 2; andto a body specified in that schedule (being an appointment of a person to an office of, or as a member of, the body) ,how vacancies in the specified authorities are to be publicised;how applications to fill those vacancies are to be encouraged; andthe basis on which the Scottish Ministers are to consider persons for, and for recommendation for, appointment to the specified authorities.is to keep under review the code of practice;may from time to time revise the code of practice and publish it as so revised; andis to promote compliance with the code of practice.consult the Parliament and the Scottish Ministers; andinvite (by way of advertisement or otherwise) other persons to make representations,the methods and practices employed by the Scottish Ministers in the making of appointments, and recommendations for appointment, to the specified authorities; andif the Commissioner considers it appropriate, the making by the Scottish Ministers of any appointment, or recommendation for appointment, to any of the specified authorities; andis to investigate complaints arising from the making by the Scottish Ministers of any appointment, or recommendation for appointment, to any of the specified authorities.(6) The Commissioner may issue guidance to the Scottish Ministers (either generally or in a particular case) as to compliance with the code of practice.it appears to the Commissioner that the code of practice has not been complied with in a material regard;the Commissioner has intimated that fact to the Scottish Ministers; andthe code of practice is unlikely to be complied with within a reasonable time of that intimation; orafter a reasonable time from that intimation, the code remains to be complied with,must report the case to the Parliament (together with any information in relation to the case the Commissioner considers appropriate to include) ; andif the appointment or recommendation for appointment in question has not been made, may direct the Scottish Ministers to delay making the appointment or, as the case may be, the recommendation until the Parliament has considered the case; and the Scottish Ministers must comply with any such direction.appointments, and recommendations for appointment, to the specified authorities are made fairly and openly; andso far as reasonably practicable, all categories of person are afforded an opportunity to be considered for appointment, and recommendation for appointment, to the specified authorities.is to prepare and publish a strategy for ensuring that appointments, and recommendations for appointment, to the specified authorities are made by the Scottish Ministers in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements (those expressions having the same meanings as in Section L2 (equal opportunities) of Part II of Schedule 5 to the Scotland Act 1998 (c. 46) ) ; andmay, in the strategy, set targets with a view to ensuring that such appointments and recommendations are made with due regard to the need to meet those requirements,(1) The Scottish Ministers must provide the Commissioner with such information as the Commissioner reasonably requires in the exercise of the Commissioner’s functions.
