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SPICe briefings Date published: 5 August 2026

The Scottish Parliament and the Ethical Standards Commissioner - Reporting material non-compliance to Parliament

Reporting material non-compliance to Parliament Where the ESC considers that the Code of Practice has not been complied with in a material respect, has brought that to the attention of Scottish Ministers, and considers either that compliance is unlikely to be achieved within a reasonable time or that the Code remain...
SPICe briefings Date published: 15 July 2026

Explainer: Boundaries Scotland and Scottish Parliament boundaries - Governance and oversight

(Scotland) Act 2000.1Boundaries Scotland. (2025, August). Code of Conduct for Members of Boundaries Scotland.
SPICe briefings Date published: 5 October 2023

Report from a partial evaluation of the Lobbying (Scotland) Act 2016 - How does the Lobbying (Scotland) Act 2016 compare with international best practice?

Statutory and voluntary codes of conduct for various stakeholders support a positive culture of lobbying and public transparency in Scotland.
Official Report Meeting date: 26 April 2022

Finance and Public Administration Committee 26 April 2022

As a minister who is bound by the code but is not a decision maker in relation to the code, I view adherence to the code as my fundamental duty as a minister.
Questions and Answers Date answered: 17 December 2024

S6W-32418

To ask the Scottish Government whether it will provide an update on its plans to publish a new Scottish Ministerial Code before the end of 2024. I have today published a new, strengthened Scottish Ministerial Code which sets the very highest standards of propriety and integrity.The changes I have introduced mark the most fundamental developments to the Code since the introduction of Independent Advisers in 2008.The Code has been restructured into three distinct sections: Ministers' Standards of Conduct; Ministers' Interests; and Ministers and the Procedures of Government.
Last updated: 28 January 2026

North Lanarkshire Council

Extending voting rights beyond councillor and Health Board members therefore requires careful consideration, and a clear articulation of roles, responsibilities and accountability. ntegration Joint Boards are “devolved public bodies” for the purposes of the Ethical Standards in Public ILife (Scotland) Act 2000 and must adopt a Code of Conduct based on the Model Code for Members of Devolved Public Bodies.
Last updated: 1 March 2023

PE2000_A

The SFC also requires universities to comply with the principles of good governance as a condition of a grant of public funding, as set out in the Scottish Code of Good Higher Education Governance.
Last updated: 12 March 2020

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Code of practice 6 Code of practice (1) In furtherance of the Commissioner’s general function, the Commissioner must prepare, 5 and may from time to time revise, a code of practice on the acquisition, retention, use and destruction of biometric data for criminal justice and police purposes. (1A) The code of practice must include provision about when biometric data must be destroyed in cases where a relevant enactment does not make such provision. (1B) In making provision in accordance with subsection (1A), the Commissioner must have 10 regard to the provision made by relevant enactments. (1C) The code of practice may make different provision for different purposes. (6) Sections 6A, 8 and 8B apply to a revised draft code of practice as they apply to a draft code of practice. (7) For the purpose of this section, the following are “relevant enactments”— 15 (a) Part 2 of the Criminal Procedure (Scotland) Act 1995, (b) section 56 of the Criminal Justice (Scotland) Act 2003, (c) Chapter 4 of Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019. 6A Code of practice: principles In preparing a draft code of practice, the Commissioner must have regard to the 20 importance of— (a) promoting and protecting human rights, (b) promoting and protecting an individual’s right to privacy, (c) promoting and protecting public confidence in the acquisition, retention, use and destruction of biometric data for criminal justice and police purposes, 25 (d) ensuring the safety of individuals and communities. 7 Effect of the code (1) The following persons must comply with the code of practice when exercising functions to which the code relates— (a) constables and police staff of the Police Service of Scotland, 30 (b) the Scottish Police Authority, (c) the Police Investigations and Review Commissioner. (2) A court or tribunal in civil or criminal proceedings must take the code of practice into account when determining any question to which the code is relevant. (3) Failure to comply with the code of practice does not of itself give rise to grounds for any 35 legal action. (4) The Scottish Ministers may by regulations amend subsection (1) so as to add a person or description of person, vary an entry listed in it, or remove an entry.
Committee reports Date published: 6 March 2025

Subordinate legislation considered by the Economy and Fair Work Committee on 5 March 2025 - About the instrument

At that time, the Minister acknowledged continuing concerns from the sector about the Code, and stated the Scottish Government would undertake "a short, focused and targeted consultation about how the Scottish Pubs Code could be amended".
SPICe briefings Date published: 4 November 2024

Assisted Dying for Terminally Ill Adults (Scotland) Bill - Republished - How the UK courts and the European Court of Human Rights have approached Article 8 and assisted suicide

Code for Crown Prosecutors. Retrieved from https://www.cps.gov.uk/publication/code-crown-prosecutors [accessed 30 September 2024]) would be taken into consideration in deciding whether a prosecution was in the public interest. 

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