Scottish Parliamentary Standards Commissioner Act 2002

JurisdictionScotland
Citation2002 asp 16
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  • investigate whether the member has committed the conduct complained about and has, as a result of that conduct, breached a relevant provision; andreport upon the outcome of that investigation to the Parliament.(2) However, subject to section 12, the Commissioner shall not investigate any complaint which falls within a class of complaint which is excluded from the jurisdiction of the Commissioner by any provision in the standing orders or in the Code of Conduct; and any such complaint is referred to in this Act as an “excluded complaint”.in the standing orders;in the Code of Conduct;in the Scotland Act 1998 (Transitory and Transitional Provisions) (Members’ Interests) Order 1999 (S.I. 1999/1350) ; ormade by or under an Act of the Scottish Parliament in pursuance of section 39 (members’ interests) of the Scotland Act.(4) The “relevant time” is the time when the conduct in question is alleged to have taken place, whether before or after this section comes into force.(4A) For the purpose of subsection (3) , paragraphs 5 and 6 of section 7 of the Code of Conduct of 7 January 2020 are, to the extent that they relate to sexual harassment by a member of the Parliament of that member's own staff, to be treated as having come into force on 24 February 2000 with the first edition of the Code of Conduct.(5) The Commissioner may give advice to a member of the Parliament or to a member of the public about the procedures for making a complaint to the Commissioner and the procedures following upon the making of such a complaint.give advice to a member of the Parliament or to a member of the public as to whether any conduct which has been, or is proposed to be, committed by a member of the Parliament (whether or not the member seeking such advice) would constitute a breach of a relevant provision; orotherwise express any view upon any of the relevant provisions except in the context of an investigation in any particular case or in a report upon the outcome of that investigation or in such other circumstances as may be specified in any direction given to the Commissioner by the Parliament.(7) In addition to the functions mentioned in subsections (1) and (5) , the Commissioner also has the functions which are conferred or imposed upon the Commissioner by virtue of any other provision in this Act or in any other enactment or in the standing orders.(1) The Commissioner shall, in carrying out the functions of that office, comply with any directions given by the Parliament.investigations generally into any complaint about the conduct of a member of the Parliament; orinvestigations into complaints falling within such class or classes as may be specified in the direction (and different provision may be made in relation to different classes of complaint) ; orrequire the Commissioner to make a report to the Parliament upon such matter relating to the exercise of the functions of the Commissioner as may be specified in the direction.(3) However, any direction to the Commissioner by the Parliament under this section shall not direct the Commissioner as to whether or how any particular investigation is to be carried out.Stage 1 which consists of investigating and determining whether a complaint is admissible; andif the complaint is admissible, Stage 2 which consists of further investigating the complaint and reporting upon it to the Parliament,(2) Each stage of an investigation into a complaint shall be conducted in private.(3) The Commissioner may at any time make a report to the Parliament as to the progress of an investigation into a complaint.(4) Subject to the provisions of this Act, it is for the Commissioner to decide when and how to carry out any investigation at each stage.(1) At Stage 1, the Commissioner shall investigate and determine whether a complaint is admissible.that the complaint is relevant;that the complaint meets all the requirements specified in subsection (5) (“the specified requirements”) or that the Parliament has, as under section 7(7) (b) , directed the Commissioner to treat the complaint as if it had met all of those requirements; andthat the complaint warrants further investigation.(3) The three tests mentioned in paragraphs (a) , (b) and (c) of subsection (2) are referred to as the first, second and third tests respectively.it is about the conduct of a member of the Parliament;it is not an excluded complaint or, if it is, that the Commissioner has been directed under section 12 to investigate it; andit appears at first sight that, if all or part of the conduct complained about is established to have been committed by that member, it might amount to a breach of a relevant provision or provisions identified by the Commissioner.

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