Mu Phàrlamaid na h-Alba

The Standing Orders are the rules of procedure for the Parliament.

They have been made in accordance with the Scotland Act 1998.

Standing Orders of the Scottish Parliament 6th Edition 9th Revision 22 December 2023

Rule 3A.1 Appointment of the Commissioner for Ethical Standards in Public Life in Scotland and members of the Standards Commission for Scotland

1. This Rule applies where the agreement of the Parliament is sought to the appointment of a person as—

(a) the Commissioner for Ethical Standards in Public Life in Scotland (“the Ethical Standards Commissioner”), under section 1 of the Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11); or

(b) a member of the Standards Commission for Scotland, under section 8(3) of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7).

2. Any member of the Parliamentary corporation may by motion propose that the Parliament agree to the appointment of the person named in the motion.

3. Any debate on such a motion shall be restricted to 30 minutes. Each speaker may speak for no more than 5 minutes.

4. If there is a division on such a motion, the result is valid only if the number of members who voted is more than one quarter of the total number of seats for members. In calculating the number of members who have voted for this purpose, account shall be taken not only of those voting for or against the motion but also of those voting to abstain.

5. This Rule also applies, with such modifications as are appropriate, where the agreement of the Parliament is sought to the reappointment of a person as a member of the Standards Commission for Scotland by virtue of paragraph 10(1) of schedule 7 to the Scottish Parliamentary Commissions and Commissioners etc. Act 2010.

Rule 3A.2 Directions to the Ethical Standards Commissioner

1. Any direction that can be given by the Parliament to the Ethical Standards Commissioner under section 4, 7, 10, 11 or 12 of the Scottish Parliamentary Standards Commissioner Act 2002 (asp 16) shall be given by the committee mentioned in Rule 6.4.

2. A direction is given by the committee mentioned in Rule 6.4 if it is signed on its behalf by the convener of the committee mentioned in Rule 6.4.

Rule 3A.3 Reports by the Ethical Standards Commissioner

1. The reports that the Ethical Standards Commissioner may, or, as the case may be, is required to make to the Parliament under or by virtue of sections 4, 5 or 7 to 12 of the Scottish Parliamentary Standards Commissioner Act 2002 shall be made to the committee mentioned in Rule 6.4.

2. Where the Ethical Standards Commissioner reports to the Parliament under section 2(8)(a) of the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4) by laying a report before the Parliament or otherwise providing the Clerk with a copy of the report, the Clerk shall ensure that notice of receipt of the report is published in the Business Bulletin and shall refer the report to the committee mentioned in Rule 6.4.

3. Where the Ethical Standards Commissioner has indicated in writing, at the time a report referred to in paragraph 2 is laid or otherwise provided to the Clerk, that information contained in the report is confidential, the Clerk shall take all reasonable steps to ensure that the information in question is not made public by the Parliament or otherwise made available to any member who is not a member of the committee mentioned in Rule 6.4.

4.Where the Ethical Standards Commissioner has given a direction under section 2(8)(b) of the Public Appointments and Public Bodies etc. (Scotland) Act 2003 in respect of the case that is the subject of the Commissioner’s report to the Parliament, the committee mentioned in Rule 6.4 shall consider that report and shall report on it to the Parliament, which shall then consider the case in the light of the Committee’s report.

Rule 3A.4 [deleted]

Rule 3A.5 [deleted]

Rule 3A.6 Annual reports and strategic plans

1. Where a supported body’s annual report or strategic plan is laid before the Parliament, the Clerk shall refer that document to the committee within whose remit the subject matter of that document falls for consideration.

2. Rule 14.2 does not apply where a supported body’s strategic plan is laid before the Parliament.

3. In this Rule a “supported body” is any of the following Parliamentary corporation supported bodies—

(a) the Commission for Ethical Standards in Public Life in Scotland, established under section 1(1) of the Scottish Parliamentary Commissions and Commissioners etc. Act 2010;

(b) the Commissioner for Children and Young People in Scotland established under section 1(1) of the Commissioner for Children and Young People (Scotland) Act 2003 (asp 17);

(c) the Scottish Commission for Human Rights, established under section 1(1) of the Scottish Commission for Human Rights Act 2006 (asp 16);

(d) the Scottish Information Commissioner, established under section 1(1) of the Freedom of Information (Scotland) Act 2002 (asp 13);

(e) the Scottish Public Services Ombudsman, established under section 1(1) of the Scottish Public Services Ombudsman Act 2002 (asp 11); and

(f) the Standards Commission for Scotland established under section 8(1) of the Ethical Standards in Public Life etc. (Scotland) Act 2000.