The Scottish Government

What is the Standards Commission for Scotland

The Standards Commission for Scotland is an independent body responsible for enforcing compliance with the Codes of Conduct. It adjudicates on cases of alleged contravention of the Codes of Conduct referred to it by the Chief Investigating Officer. On finding a contravention of a Code of Conduct, the Standards Commission has the power to impose sanctions.

Members of the Standards Commission are appointed by the Scottish Ministers after a public advert and a competitive selection process.

Dispensations

The Standards Commission recognises that there are particular circumstances where it would be unreasonable for the Code to be interpreted in its strictest sense. As a result, the Commission issues dispensations to allow councillors and members to participate in discussion and vote on certain matter where, due to financial or non-financial interests, they would otherwise be prohibited from such participation.

When is a Hearing Held

After the Chief Investigating Officer has completed an investigation and submitted a Report to the Standards Commission stating that he believes a breach of a Code of Conduct to have occurred, the Commission may decide to hold a hearing. A hearing will be held in public unless the members of the Standards Commission conducting it determine that it is not in the public interest that it, or such part of it as they specify, be held in public.

The Punitive Aspects

Where the members of the Standards Commission conducting a hearing find that a councillor or member has breached their Code of Conduct, they will impose one of the following:

• Censuring, but otherwise taking no action against, the councillor or member;
• Suspending, for a period not exceeding one year, the councillor's or member's entitlement to attend up to two of the following:
• all meetings of the council or public body;
• all meetings of one or more committees; and
• all meetings of any other body on which the councillor or member is a representative or nominee of the council or body;

• Suspending, for a period not exceeding one year, the councillor's or member's entitlement to attend meetings of the council or body and of any committee or sub-committee thereof and of any other body on which the councillor or member is a representative of the body;
• In the case of a councillor, disqualifying the councillor for a period not exceeding five years, from being, or from being nominated for election as, or from being elected, a councillor; or
• In the case of a member of a public body, removing the member from membership of the body and disqualifying the member, for a period not exceeding five years from membership of the body.

Disqualification has the effect of vacating a councillor's office.

Special provisions apply to employee and ex-officio members of public bodies.

Statistics

Statistics are currently available for 2007/08 and can be seen in context in the Standards Commission and Chief Investigating Officer's Annual report which is available on their website along with their contact details.