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SPICe briefings Date published: 7 July 2026

Criminal Prosecution: Subject Profile - Decisions on prosecution

Prosecution Code. Retrieved from https://www.copfs.gov.uk/publications/prosecution-code/html/ These criteria include: evidential factors – is there a legal sufficiency of evidence and a realistic prospect of conviction (different tests apply to the early stages of solemn procedure cases) whether action is in the publ...
SPICe briefings Date published: 1 September 2025

Freedom of Information Reform (Scotland) Bill - Final provisions

The introduction of a proactive publication duty, supported by a new code of practice, as set out in section 15 of the Bill.
SPICe briefings Date published: 15 December 2022

Property Factors - Frequently Asked Questions - What role do the courts have?

The First-tier Tribunal has a wide jurisdiction. It can consider breaches of the Code of Conduct as well as the property factor's duties.
SPICe briefings Date published: 25 May 2022

Social Work in Scotland - Mental health and adults with incapacity

Retrieved from <a href="https://www.gov.scot/publications/adults-incapacity-scotland-act-2000-code-practice-local-authorities-exercising-functions-under-2000-act/documents/" target="_blank">https://www.gov.scot/publications/adults-incapacity-scotland-act-2000-code-practice-local-authorities-exercising-functions...
SPICe briefings Date published: 19 August 2021

Land Use and Rural Policy: Subject Profile - Tenancies and the 2016 Land Reform Act

As set out in Section 24 of the 2016 Act, the Tenant Farming Commissioner’s role is to: prepare codes of practice on agricultural holdings promote the codes of practice inquire into alleged breaches of the codes of practice prepare a report on the operation of agents of landlo...
Committee reports Date published: 15 March 2021

Session 5 Legacy paper - Audit remit and beyond

This framework includes the Freedom of Information (Scotland) Act 2002; the Scottish Ministerial Code; the Civil Service Code; the Public Records (Scotland) Act 2011; the Interests of Members of the Scottish Parliament Act 2006; the Code of Conduct for Members of the Scottish ...
Official Report Meeting date: 22 September 2016

Standards, Procedures and Public Appointments Committee 22 September 2016

The ministerial code is a matter for the First Minister, but I am sure that she will be listening to the proceedings today.
Official Report Meeting date: 1 December 2016

Standards, Procedures and Public Appointments Committee 01 December 2016

We have talked about the complexity of the codes of conduct and my office deals with a very large number of them, such as the “Code of Conduct for Members of the Scottish Parliament”, “The Councillors’ Code of Conduct” and the various public bodies’ codes of conduct.
Committee reports Date published: 18 December 2025

Complaint against Ash Regan MSP - Annexe B: Representations from Ash Regan MSP

The legal opinion by Roddy Dunlop KC underlines the MSP Code’s ambiguity in section 9.1; current limitations on committee removal procedures reveal the need for clearer accountability for conveners and depute conveners, to remove the need for MSPs like me to seek advice that highlights these gaps.
Last updated: 17 February 2026

Letter from the Convener dated 16 February 2026

The Committee’s usual process for proposing any substantive changes to the Code of Conduct is to be informed by views from relevant stakeholders.

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