Contents
- Part 1 Victims and Witnesses Commissioner for Scotland
- Part 2 Trauma-informed practice
- Part 3 Victims’ rights to receive information and to give views
- Part 4 Release of prisoners
- Part 6 Criminal juries and verdicts
- Part 8 Special measures for vulnerable witnesses under the 1995 Act
- Part 9 Sexual offences cases: further reform
- Part 10 Non-harassment orders
- Part 13 Final provisions
- Schedule 1 The office of Victims and Witnesses Commissioner for Scotland
Part 1 · Victims and Witnesses Commissioner for Scotland
Establishment
Part 2 · Trauma-informed practice
Conduct of proceedings in accordance with trauma-informed practice
27Criminal courts: conduct of proceedings#
(1)The Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) is amended as follows.
(2)In section 305 (Acts of Adjournal), after subsection (1A) insert—“1B Subsection (1) also extends to making provision by Act of Adjournal for the purpose of ensuring that criminal proceedings are conducted in a way that accords with trauma-informed practice.”
(3)In section 307 (interpretation), after the definition of “training school order” insert—“• “trauma-informed practice” has the meaning given by section 114 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.”
28Civil courts: conduct of proceedings#
(1)The Courts Reform (Scotland) Act 2014 is amended as follows.
(2)In section 103 (power to regulate procedure etc. in the Court of Session), in subsection (2), after paragraph (c) insert—“ca ensuring that such proceedings are conducted in a way that accords with trauma-informed practice,”
(3)In section 104 (power to regulate procedure etc. in the sheriff court and the Sheriff Appeal Court), in subsection (2), after paragraph (c) insert—“ca ensuring that such proceedings are conducted in a way that accords with trauma-informed practice,”
(4)In section 136 (interpretation), after the definition of “solicitor” insert—“• “trauma-informed practice” has the meaning given by section 114 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.”
29Fatal accident inquiries: conduct of proceedings#
(1)The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 is amended as follows.
(2)In section 36 (power to regulate procedure etc.)—
(a)in subsection (2), after paragraph (b) insert—“ba ensuring inquiry proceedings are conducted in a way that accords with trauma-informed practice,”
(b)after subsection (5) insert—“5A For the purposes of this section, “trauma-informed practice” has the meaning given by section 114 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.”
Duty to have regard to principle of trauma-informed practice
30Scheduling of business in Scottish courts#
(1)The Judiciary and Courts (Scotland) Act 2008 is amended as follows.
(2)In section 2 (head of the Scottish Judiciary)—
(a)after subsection (2) insert—“2ZA In carrying out the responsibility mentioned in subsection (2)(a), the Lord President must have regard to the desirability of doing so in a way that accords with trauma-informed practice.”
(b)after subsection (6) insert—“6A For the purposes of this section, “trauma-informed practice” has the meaning given by section 114 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.”
31Scheduling of business in sheriff courts and the Sheriff Appeal Court#
(1)The Courts Reform (Scotland) Act 2014 is amended as follows.
(2)In section 27 (sheriff principal’s responsibility for efficient disposal of business in sheriff courts), after subsection (3) insert—“3A In carrying out the responsibility imposed by subsection (1), the sheriff principal must have regard to the desirability of doing so in a way that accords with trauma-informed practice.”
(3)In section 29 (Lord President’s power to exercise functions under sections 27 and 28), in subsection (1), after paragraph (a) insert—“aa is prejudicial to the carrying out of the responsibility imposed by section 27(1) in a way that accords with trauma-informed practice,”
(4)In section 56 (President’s responsibility for efficient disposal of business), after subsection (3) insert—“3A In carrying out the responsibility imposed by subsection (1), the President must have regard to the desirability of doing so in a way that accords with trauma-informed practice.”
32Scheduling of business in justice of the peace courts#
(1)The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 is amended as follows.
(2)In section 61 (efficient disposal of business in justice of the peace courts)—
(a)after subsection (1) insert—“1A In carrying out the responsibility imposed by subsection (1), the sheriff principal must have regard to the desirability of doing so in a way that accords with trauma-informed practice.”
(b)after subsection (4) insert—“5 For the purposes of this section, “trauma-informed practice” has the meaning given by section 114 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.”
Principle of trauma-informed practice
26Principle of trauma-informed practice#
(1)The 2014 Act is amended as follows.
(2)In section 1 (general principles)—
(a)in subsection (3), after paragraph (c) insert—“ca that, during and after the investigation and proceedings, a victim or witness should be treated in a way that accords with trauma-informed practice,”
(b)after subsection (3) insert—“3A For the purposes of this section, “trauma-informed practice” has the meaning given by section 114 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.”
(3)In section 2 (standards of service)—
(a)in subsection (1), after paragraph (a) insert—“aa the carrying out of those functions in relation to such a person in a way that accords with trauma-informed practice,”
(b)after subsection (4) insert—“4A Each person mentioned in subsection (2) must set and publish revised standards within the period of 18 months beginning on the day on which section 26 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025 comes into force.4B Subsections (1) to (4) apply to the revised standards as they apply to the original standards.”
(c)in subsection (6), after the definitions of “prison” and “young offenders institution” insert—“• “trauma-informed practice” has the meaning given by section 114 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025,”
Part 3 · Victims’ rights to receive information and to give views
35Single victim notification system#
(1)The Criminal Justice (Scotland) Act 2003 is amended by subsections (2) to (4).
(2)In section 16 (victim’s right to receive information concerning release etc. of offender)—
(a)in subsection (1)—
(i)in the opening words, the words “Subject to subsection (2),” are repealed,
(ii)in paragraph (a), the words “for a period of 18 months or more” are repealed,
(iii)paragraph (b) is repealed,
(b)subsection (4)(a) is repealed.
(3)In section 17 (release on licence: right of victim to receive information and make representations), subsection (12)(b), and the word “or” immediately preceding it, are repealed.
(4)In section 17ZA (release on licence: provision of information to person supporting victim), subsection (5)(b) is repealed.
(5)The 2014 Act is amended by subsections (6) to (9).
(6)Section 27A (notification of victims in relation to release etc. of short term prisoners) is repealed.
(7)Section 27B (provision of information to person supporting victim) is repealed.
(8)In section 29A (exercise of functions where victim is a child), in subsection (1), in the opening words, for “, 8A or 27A” substitute “or 8A”.
(9)In section 29B (application of Act where victim’s death caused by offence), in subsection (3), in the opening words, for “, 3G or 27A” substitute “or 3G”.
44Standards of service#
(1)The 2014 Act is amended as follows.
(2)In section 2 (standards of service), in subsection (3)(b)—
(a)the words from “prisons” to the end become sub-paragraph (i),
(b)after sub-paragraph (i), insert—“ii persons who are subject both to a compulsion order under either section 57(2)(a) or 57A(2) of the 1995 Act and to a restriction order under section 59 of that Act,iii persons who are subject to a hospital direction under section 59A of the 1995 Act,iv persons in respect of whom a transfer for treatment direction under section 136(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 has been made,”
51Provision of transcript of record of trial to certain complainers#
(1)The 1995 Act is amended as follows.
(2)In section 94 (transcripts of record and documentary productions)—
(a)after subsection (2) insert—“2ZA The Clerk of Justiciary must direct that such a transcript be made and sent to a complainer that has requested it, if the complainer was a complainer in a trial that—a was of an offence as described in section 288C(2) (certain sexual offences),b was in the High Court or the Sexual Offences Court, andc commenced on or after 31 December 2006.”
(b)after subsection (9) insert—“10 In this section, “complainer” means a person against whom an offence to which the trial related was alleged to have been committed.”
52Right to referral by Police Scotland to victim support services#
(1)The 2014 Act is amended as follows.
(2)In section 3D (referral to providers of victim support services)—
(a)in subsection (1)—
(ii)for paragraph (a), and the word “and” immediately following it, substitute—“a the person is entitled, at any time, to have their details passed by any competent authority to such providers of victim support services as are appropriate to the person’s needs for the purpose of contacting the person to offer the services, in a process known as referral,aa if the person elects to be referred, the person may, at any later time, elect to discontinue the referral or cease to receive the victim support services,”
(iii)after paragraph (b), insert “, andc if the person elects to contact providers directly without being referred, the person will be provided with the information necessary to do so.”
(b)for subsection (2) substitute—“2 Where the person intimates to a competent authority that the person wishes to be referred to providers of victim support services, the authority must, subject to the consent of the person, disclose the person’s details to such providers of victim support services as the authority considers appropriate to the person’s needs, as soon as is reasonably practicable.2A Where the person intimates to a competent authority that the person wishes to contact providers of victim support services directly without being referred, the authority must, as soon as is reasonably practicable, provide the person with the name, address and telephone number of the providers of victim support services.”
(c)in subsection (3), for “(1) and (2)”, “substitute (1) to (2A)”,
(d)in subsection (4), for “a request made”, in every place it occurs, substitute “an intimation”,
(e)after subsection (4), insert—“4A The chief constable must make and publish guidance for constables on the process of referring a person who is or appears to be a victim in relation to an offence or alleged offence to victim support services under this section.4B The chief constable must keep the guidance published under subsection (4A) under review and may modify it from time to time, in which case the chief constable must publish the modified guidance.”
(f)the title of section 3D becomes “Victims’ right to access support services”.
54Review of victim’s right to receive information on fixed penalties#
(1)The Scottish Ministers must, within the period of 2 years beginning with the day on which this section comes into force, undertake a review of the information to which persons who are or appear to be victims of offences are entitled by virtue of any enactment in relation to—
(a)the acceptance or rejection of a fixed penalty offer by alleged offenders in accordance with section 302 of the 1995 Act, and
(b)any reasons given by alleged offenders as to why the offer has been accepted or rejected.
(2)The review under subsection (1) must, in particular, include consideration of whether any legislative changes are required.
(3)As soon as reasonably practicable after completing the review under subsection (1), the Scottish Ministers must—
(a)prepare and publish a report on the review,
(b)lay a copy of the report before the Scottish Parliament.
Part 4 · Release of prisoners
55Parole Board rules: decisions where prisoner has information about victim’s remains#
(1)The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.
(2)In section 20 (the Parole Board for Scotland)—
(a)in subsection (4), in paragraph (c), after “matters” insert “must or”,
(b)after subsection (4A) insert—“4AA In making provision mentioned in subsection (4)(c), the Scottish Ministers must in particular include provision that the Board must, when making any decision as to the release of a prisoner serving a sentence imposed following a conviction for murder or culpable homicide (other than a decision as to release under section 3A(4) or 17(4)), take into account, where the victim’s remains have not been recovered, whether—a there are reasonable grounds to believe that the prisoner has information about where the victim’s remains are or about how or where the victim’s remains were disposed of, andb the prisoner has not disclosed that information.”
56Parole Board rules: safety and security of victims and victims’ family#
(1)The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.
(2)In section 20 (the Parole Board for Scotland), after subsection (4AA) (as inserted by section 55(2)(b)) insert—“4AB In making provision mentioned in subsection (4)(c), the Scottish Ministers must in particular include provision that the Board must, when making any decision in a prisoner’s case, take into account the likely impact of the decision on the safety and security of any victim or of any family member of a victim.4AC In subsection (4AB), “victim” means a person against or in respect of whom an offence has been committed by the prisoner.”
57Licence conditions: exclusion zones#
(1)The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.
(2)In section 12 (conditions in licences), after subsection (4A) insert—“4B If subsection (4C) applies, the—a Parole Board, when making recommendations as to licence conditions under this Part, andb Scottish Ministers, when making a decision as to licence conditions under this Part,must consider whether an exclusion zone condition should be included in a prisoner’s licence.4C This subsection applies where the Board has or, as the case may be, the Scottish Ministers have information that the prisoner’s being released or re-released, or remaining released, may have an adverse impact on the safety and security or on the wellbeing of—a a victim,b a member of a victim’s family, orc any other identified person or group of persons.4D In subsections (4B) and (4C)—• “exclusion zone condition” is a condition which prohibits the released person from entering a place or area specified in the condition,• “victim” means a person against or in respect of whom an offence has been committed by the prisoner.”
Part 6 · Criminal juries and verdicts
Research into juries
67Research into juries#
(1)The Contempt of Court Act 1981 is amended as follows.
(2)In section 8 (confidentiality of jury’s deliberations: Scotland and Northern Ireland)—
(a)in subsection (1), for “subsection (2)” substitute “subsections (1A) and (2)”,
(b)after subsection (1) insert—“1A This section does not apply to the disclosure of any particulars made in accordance with leave granted under section 8A(1) or to the publication of any particulars so disclosed.”
(3)After section 8 insert—“8A 1 The Lord Justice General may, for the purposes of research into juries in solemn proceedings, grant leave to a person to obtain, disclose, solicit or publish particulars of—a statements made,b opinions expressed,c arguments advanced, ord votes cast,by members of a jury in the course of their deliberations in such proceedings.2 Leave under subsection (1) may be—a granted subject to conditions,b withdrawn or amended either generally or in relation to any particular matter.”
68Research into juries by or on behalf of the Scottish Ministers: duty to report#
(1)This section applies where the Scottish Ministers—
(a)carry out or commission the carrying out of research in accordance with leave granted under section 8A(1) of the Contempt of Court Act 1981, and
(b)for the purposes of that research, particulars of—
(i)statements made,
(ii)opinions expressed,
(iii)arguments advanced, or
(iv)votes cast,
by members of a jury in the course of their deliberations in solemn proceedings are solicited, obtained, disclosed or published.
(2)The Scottish Ministers must, as soon as reasonably practicable after the research is carried out—
(a)publish a report on the research,
(b)lay a copy of the report before the Parliament,
(c)publish their response to the report (including their recommendations, if any), and
(d)lay a copy of the response before the Parliament.
(3)In this section, references to the Scottish Ministers carrying out or commissioning the carrying out of research include research carried out by them jointly or on their behalf.
Solemn proceedings
62Jury size and quorum#
(1)The 1995 Act is amended as follows.
(2)For section 90 substitute—“90 1 This section applies where, in the course of a trial, a juror—a dies, orb is discharged by the court on the court being satisfied that it is for any reason inappropriate for the juror to continue to serve as a juror.2 The court may determine that the trial is to proceed before the remaining jurors provided that—a there are at least 12 remaining jurors, andb the court is satisfied that it is in the interests of justice that the trial proceed before the remaining jurors.3 Before determining whether the trial is to proceed, the court must give the prosecutor and the accused an opportunity to make representations on that question.4 Where a trial proceeds by virtue of subsection (2), the remaining jurors are a properly constituted jury for the purpose of the trial.”
63Form of jury affirmation#
(1)The Oaths Act 1978 is amended as follows.
(2)In section 6 (form of affirmation)—
(a)in subsection (1), for “subsection (2)” substitute “subsections (2) and (3)”,
(b)after subsection (2) insert—“3 In the case of a jury in solemn proceedings, the affirmation is to be in the following form:”
64Jury service: assistance for jurors with communication#
(1)The 1995 Act is amended as follows.
(2)After section 88 (plea of not guilty, balloting and swearing of jury, etc.) insert—“88A 1 This section applies where it appears to the court that a juror balloted in accordance with section 88(2) requires assistance with communication as a result of physical disability in order to participate effectively in the trial as a juror.2 The court may, before the charge is read to the jury in accordance with section 88(5), appoint a person (a “juror’s communication supporter”) to provide that assistance to the juror.3 More than one person may be appointed as a juror’s communication supporter in relation to a juror, and a juror’s communication supporter may be appointed in relation to more than one juror.4 Where a juror’s communication supporter is appointed, the court must, before reading the charge to the jury, administer the oath to the supporter.5 Where in the course of proceedings a juror’s communication supporter ceases, for whatever reason, to act as such, the court may appoint a person as a juror’s communication supporter in their place and subsection (3) applies in relation to such an appointment as it applies to an appointment under subsection (2).6 The court must, as soon as reasonably practicable after a juror’s communication supporter is appointed under subsection (5), administer the oath to the supporter.7 Before appointing a person as a juror’s communication supporter under this section, the court must give the prosecutor and the accused the opportunity to make representations.”
(3)In section 99 (seclusion of jury to consider verdict)—
(a)after subsection (2) insert—“2A Subsections (1) and (2) are subject to subsection (2B).2B A juror’s communication supporter may—a be present with the jury while they are enclosed,b visit or communicate with a juror, andc accompany a juror who comes out of the jury room to receive or seek a direction, or to make a request for instruction or regarding any matter, as mentioned in subsection (2)(b).”
(b)after subsection (7) insert—“8 In subsection (2B), a “juror’s communication supporter” has the meaning given by section 88A(2).”
65Verdict of guilty or not guilty and majority required for guilty verdict#
(1)The 1995 Act is amended as follows.
(2)Before section 100 (verdict of jury) insert—“99A 1 In respect of each charge, the jury must deliver a verdict of either—a guilty, orb not guilty.2 The jury may return a verdict of guilty only if a majority of the jurors are in favour of that verdict.3 Otherwise, the jury must return a verdict of not guilty.4 For the purposes of subsection (2), a majority of jurors are in favour of a verdict if—a in the case of a jury consisting of 14 or 15 jurors, at least 10 of the jurors are so in favour,b in the case of a jury consisting of 13 jurors, at least 9 jurors are so in favour,c in the case of a jury consisting of 12 jurors, at least 8 jurors are so in favour.”
(3)In section 100 (verdict of jury) the section title becomes “Delivery of jury verdict”.
Summary proceedings
66Verdict of guilty or not guilty#
(1)The 1995 Act is amended as follows.
(2)Before section 162 (judges equally divided) insert—“161A In respect of each charge, the court must deliver a verdict of either—a guilty, orb not guilty.”
Part 8 · Special measures for vulnerable witnesses under the 1995 Act
102Child witnesses under the 1995 Act: exception to presumption in favour of special measures#
(1)The 1995 Act is amended as follows.
(2)In section 271BZA(8) (child witnesses in certain solemn cases: special measures), paragraph (a) is repealed.
(3)In section 271BZB(5) (child witnesses in certain solemn cases: modifications of section 271A), in inserted subsection (10F), paragraph (a) is repealed.
(4)In section 271BZC(2) (child witnesses in certain solemn cases: modifications of section 271D), in inserted subsection (4H), paragraph (a) is repealed.
103Vulnerable witnesses under the 1995 Act: supplementary provision in relation to child witnesses#
(1)The 1995 Act is amended as follows.
(2)In section 271E, subsection (3) is repealed.
Part 9 · Sexual offences cases: further reform
Non-harassment orders
107Circumstances in which non-harassment order must be considered by court#
(1)The 1995 Act is amended as follows.
(2)In section 234AZA (non-harassment orders: domestic abuse cases)—
(a)in subsection (2)(c), before sub-paragraph (i) insert—“zi an offence to which section 288C applies,zii stalking,ziii an offence under section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,”
(b)in subsection (3)(a), for “in any circumstances” substitute “where the offence is one listed in subsection (2)(c)(zii), (i) or (ii)”,
(c)in the section title, for “domestic abuse cases” substitute “consideration by court in certain cases”.
Part 10 · Non-harassment orders
108Non-harassment orders: domestic abuse cases#
(1)The 1995 Act is modified as follows.
(2)In section 234AZA (non-harassment orders: domestic abuse cases), after subsection (6) insert—“6A Where the offence is one listed in subsection (2)(c)(i) or (ii), the court must, in considering the question of whether to make a non-harassment order in the person’s case (including where the person is sentenced to imprisonment or remanded in custody), have regard to any prior bail conditions imposed on the person preventing contact with the victim.”
Part 13 · Final provisions
111Review of operation of Act#
(1)The Scottish Ministers must, as soon as reasonably practicable after the end of each review period—
(a)undertake a review of the operation of this Act, and
(b)prepare a report—
(i)on that review,
(ii)setting out any changes to the law relating to corroboration in Scotland, whether by enactment or otherwise, which have taken place during the relevant review period, and
(iii)setting out measures taken to improve the experiences of victims and witnesses, in particular women, within the justice system during the relevant review period.
(2)The Scottish Ministers must, as soon as reasonably practicable after preparing the report—
(a)publish the report, and
(b)lay the report before the Scottish Parliament.
(3)In undertaking a review under subsection (1)(a), the Scottish Ministers must consult—
(a)the Lord President,
(b)the Scottish Courts and Tribunals Service,
(c)the chief constable of the Police Service of Scotland,
(d)the Scottish Legal Aid Board,
(e)the Law Society of Scotland,
(f)the Faculty of Advocates,
(g)persons representing the views of victims and witnesses in criminal proceedings, in particular women (or victims and witnesses themselves),
(h)persons providing victim support services, within the meaning of section 3D(5) of the 2014 Act,
(i)persons representing the views of witnesses and parties in civil proceedings, in particular women (or witnesses and parties themselves),
(j)such other persons as the Scottish Ministers consider appropriate.
(4)For the purposes of this section, “review period” means—
(a)the period of 5 years beginning with the day of Royal Assent,
(b)one subsequent period of 5 years.
112Regulations#
(1)Any power of the Scottish Ministers to make regulations under this Act includes the power to make—
(a)incidental, supplementary, consequential, transitional, transitory or saving provision,
(b)different provision for different purposes.
(2)Subject to subjections (3) to (5), regulations under this Act are subject to the affirmative procedure.
(3)Regulations under section 13(5) are subject to the negative procedure.
(4)Regulations under section 113(1)—
(a)are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act (including this Act),
(b)otherwise, are subject to the negative procedure.
(5)This section does not apply to regulations under section 116(2).
113Ancillary provision#
(1)The Scottish Ministers may, by regulations, make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it.
(2)Regulations under subsection (1) may modify any enactment (including this Act).
114Interpretation#
In this Act—• “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995,• “the 2014 Act” means the Victims and Witnesses (Scotland) Act 2014,• “the 2020 Act” means the Children (Scotland) Act 2020,• “trauma-informed practice” is a means of operating that—(a) recognises that a person may have experienced trauma,(b) understands the effects which trauma may have on the person, including how trauma may affect any evidence given by the person, and(c) based on that understanding, involves adapting and implementing processes and practices to—(a) seek to avoid, or minimise the risk of, exposing the person to any recurrence of past trauma or to further trauma,(b) seek to avoid, or minimise the risk of, negatively impacting the person’s recovery from trauma,(c) enable the person to participate effectively in court proceedings.
116Commencement#
(1)This section and sections 112, 113, 114 and 117 come into force on the day after Royal Assent.
(2)The other provisions of this Act come into force on such day as the Scottish Ministers may, by regulations, appoint.
(3)Regulations under subsection (2) may—
(a)include transitional, transitory or saving provision,
(b)make different provision for different purposes, including different provision for—
(i)different courts or descriptions of court,
(ii)different proceedings or types of proceedings,
(iii)different descriptions of witness,
(c)make different provision for different areas.
Schedule 1 · The office of Victims and Witnesses Commissioner for Scotland
Part 1 · Status and independence
(1)
(1)The Commissioner is, as Commissioner, to be regarded as a juristic person distinct from the individual for the time being holding the office.
(2)The Commissioner—
(a)is not a servant or agent of the Crown, and
(b)does not enjoy any status, immunity, or privilege of the Crown.
(3)The Commissioner’s property is not to be regarded as property of, or property held on behalf of, the Crown.
(4)Individuals working as the Commissioner’s staff are not, on that account, to be regarded as civil servants.
(2)
(1)The Commissioner is not, except as provided in the provisions listed in sub-paragraph (2), subject to the direction or control of—
(a)any member of the Scottish Parliament,
(b)the Scottish Ministers, or
(c)the Parliamentary corporation.
(2)The provisions referred to in sub-paragraph (1) are—
(a)sections 5(2) and (3), 7(2), and 18(5), and
(b)paragraphs 5, 6(3), 8, 9, 10, 11, 12, 13(1), 15(1), 16(1) and (2), 17(1) and (4), and 18(2) of this schedule.
Part 2 · Appointment, termination and terms and conditions
(3)
(1)The office of Commissioner is to be held by an individual appointed by His Majesty on the nomination of the Scottish Parliament.
(2)An individual may not be appointed to hold the office of Commissioner if the individual is disqualified under paragraph 4.
(3)An individual who holds or has held the office of Commissioner may not be reappointed.
(4)An individual is disqualified from holding the office of Commissioner if the individual is or, within the year preceding the date on which the appointment is to take effect, has been—
(a)a member of the Scottish Parliament,
(b)a member of the House of Commons,
(c)a member of the House of Lords, or
(d)a person who is, or who is a member, employee or appointee of, a criminal justice body.
(5)Subject to paragraph 6, the Commissioner holds office for such period, not exceeding 8 years, as the Parliamentary corporation determines at the time of appointment.
(6)
(1)The Commissioner’s appointment ends if—
(a)the Commissioner is relieved of office by His Majesty at the Commissioner’s request,
(b)the Commissioner becomes disqualified from holding office (see paragraph 4), or
(c)the Commissioner is removed from office in accordance with sub-paragraph (2).
(2)The Commissioner may be removed from office by His Majesty if—
(a)either of the conditions in sub-paragraph (3) is met, and
(b)the number of members voting in favour of the resolution referred to in the condition in question is at least two thirds of the total number of seats for members of the Scottish Parliament.
(3)The conditions are—
(a)that—
(i)the Parliamentary corporation is satisfied that the Commissioner has breached the Commissioner’s terms and conditions of appointment, and
(ii)the Parliament resolves that the Commissioner should be removed from office for that breach,
(b)the Parliament resolves that it has lost confidence in the Commissioner’s willingness, suitability or ability to perform the Commissioner’s functions.
(7)The validity of anything done by the Commissioner is not affected by—
(a)a defect in the nomination of the Commissioner,
(b)the disqualification of an individual as the Commissioner after appointment.
(8)
(1)The Parliamentary corporation may pay the Commissioner such remuneration and allowances (including expenses) as the Parliamentary corporation determines.
(2)The Parliamentary corporation must indemnify the Commissioner in respect of any liabilities incurred by the Commissioner in the exercise of the Commissioner's functions.
(3)The Parliamentary corporation may pay, or make arrangements for the payment of, such pensions, allowances and gratuities to, or in respect of, any individual who holds or has held the office of Commissioner as the Parliamentary corporation determines.
(4)Those arrangements may include—
(a)making payments towards the provision of those pensions, allowances and gratuities,
(b)providing and maintaining schemes for the payment of those pensions, allowances and gratuities.
(5)The reference in sub-paragraph (3) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.
(9)
(1)The Parliamentary corporation may, subject to any provision made by this Act, determine the terms and conditions on which the Commissioner is appointed.
(2)Those terms and conditions may—
(a)prohibit the Commissioner from holding any other specified office, employment or appointment or engaging in any other specified occupation,
(b)provide that the Commissioner's holding of any such office, employment or appointment or engagement in any such occupation is subject to the approval of the Parliamentary corporation.
(10)
(1)This paragraph applies during any period when—
(a)the office of Commissioner is vacant, or
(b)the individual holding the office is for any reason unable to perform the Commissioner's functions.
(2)The Parliamentary corporation may appoint an individual to act as the Commissioner during that period.
(3)An individual is eligible for appointment under sub-paragraph (2) only if the individual is not—
(a)prevented from being reappointed to the office of Commissioner by virtue of paragraph 3(3),
(b)disqualified from holding the office of Commissioner under paragraph 4.
(4)An individual appointed under sub-paragraph (2)—
(a)is appointed on such terms and conditions, and for such period, as the Parliamentary corporation determines,
(b)while acting as Commissioner is to be treated as the Commissioner for all purposes except those of paragraphs 5, 6, and 8(3).
(5)An appointment under sub-paragraph (2) ends if—
(a)the individual is relieved of office by the Parliamentary corporation at the individual's request, or
(b)the individual is removed from office by the Parliamentary corporation by notice in writing.
Part 3 · Staff and offices
(11)The Commissioner may, with the consent of the Parliamentary corporation as to numbers, appoint staff.
(12)Staff appointed by the Commissioner are appointed on such terms and conditions as the Commissioner, with the approval of the Parliamentary corporation, determines.
(13)
(1)The Commissioner may, with the approval of the Parliamentary corporation, pay or make arrangements for the payment of pensions, allowances and gratuities to, or in respect of, any individual who is or has been a member of staff of the Commissioner.
(2)Those arrangements may include—
(a)making payments towards the provision of those pensions, allowances and gratuities,
(b)providing and maintaining schemes for the payment of those pensions, allowances and gratuities.
(3)The reference in sub-paragraph (1) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.
(14)
(1)The Commissioner may authorise any person to perform such of the Commissioner's functions (and to such extent) as the Commissioner determines.
(2)The giving of authority under sub-paragraph (1) does not—
(a)affect the Commissioner's responsibility for the performance of the functions,
(b)prevent the Commissioner from performing the functions.
(15)
(1)The Commissioner must comply with any direction given to the Commissioner by the Parliamentary corporation in relation to—
(a)the location of the Commissioner’s office,
(b)the sharing of premises, staff, services or other resources with any other officeholder or any public body.
(2)A direction under this section may vary or revoke a previous direction.
(3)The Parliamentary corporation is to make any direction under this section publicly available.
Part 4 · Accounts and accountability
(16)
(1)The Commissioner must, before the start of each financial year—
(a)prepare proposals for the Commissioner’s use of resources and expenditure during the year (a “budget”), and
(b)by such date as the Parliamentary corporation determines, send the budget to it for approval.
(2)The Commissioner may, in the course of a financial year, prepare a revised budget for the remainder of the year and send it to the Parliamentary corporation for approval.
(3)In preparing a budget or revised budget, the Commissioner must ensure that the Commissioner’s resources will be used economically, efficiently and effectively.
(4)A budget or revised budget must contain a statement confirming that the Commissioner has complied with the duty under sub-paragraph (3).
(17)
(1)The Parliamentary corporation must designate the Commissioner or a member of the Commissioner’s staff as the accountable officer.
(2)The functions of the accountable officer are—
(a)signing the accounts of the expenditure and receipts of the Commissioner,
(b)ensuring the propriety and regularity of the finances of the Commissioner,
(c)ensuring that the resources of the Commissioner are used economically, efficiently and effectively, and
(d)where the accountable officer is not the Commissioner, the duty set out in sub-paragraph (3).
(3)The duty referred to in sub-paragraph (2)(d) is a duty, where the accountable officer is required to act in a way that the accountable officer considers would be inconsistent with the proper performance of the functions specified in sub-paragraph (2)(a) to (c), to—
(a)obtain written authority from the Commissioner before taking the action, and
(b)send a copy of that authority as soon as possible to the Auditor General for Scotland.
(4)The accountable officer is answerable to the Scottish Parliament for the performance of the functions specified in sub-paragraph (2).
(18)
(1)The Commissioner must—
(a)keep proper accounts and accounting records,
(b)prepare in respect of each financial year a statement of accounts, and
(c)send a copy of the statement to the Auditor General for Scotland for auditing.
(2)The Commissioner must comply with any directions from the Scottish Ministers in relation to the matters mentioned in sub-paragraph (1)(a) and (b).
(3)The Commissioner must make the audited statement of accounts available, without charge, for inspection by any person upon request.
Contains public sector information licensed under the Open Government Licence v3.0.