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Last updated: 5 February 2020

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Scottish Biometrics Commissioner Bill 5 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, 5 (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 10 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. (5) In this section, “constable” and “police staff” have the same meanings as in section 99(1) of the Police and Fire Reform (Scotland) Act 2012. 15 8 Consultation on the code (1) In preparing a draft code of practice, the Commissioner must consult— (a) the Scottish Ministers, (b) the Lord Advocate, (c) the Lord Justice General, 20 (d) the Faculty of Advocates, (e) the Law Society of Scotland, (f) the chief constable of the Police Service of Scotland, (g) Her Majesty’s Inspectors of Constabulary in Scotland, (h) the Scottish Police Authority, 25 (i) the Police Investigations and Review Commissioner, (j) the Information Commissioner, (k) the Scottish Human Rights Commission, (l) the Commissioner for Children and Young People in Scotland, and (m) such other persons as the Commissioner considers appropriate. 30 (2) For the purpose of subsection (1), it is immaterial that anything done by way of consultation was done before this section comes into force. 8A Further procedure in relation to the first code (1) Having prepared a draft of the first code of practice with which the Commissioner, with the consent of the Scottish Ministers, wishes to proceed, the Commissioner must lay a 35 copy of it before the Scottish Parliament. (2) In finalising a draft of the first code of practice, the Commissioner must have regard to any representations about it that are made to the Commissioner within 60 days of the date on which the copy of it is laid under subsection (1). 6 Scottish Biometrics Commissioner Bill (3) In calculating the period of 60 days for the purpose of subsection (2), no account is to be taken of any time during which the Parliament is dissolved or in recess for more than 4 days. 8B Approval of the code 5 (1) Once the Commissioner has finalised a draft code of practice, the Commissioner must submit it to the Scottish Ministers for approval. (2) The Scottish Ministers may approve a draft code of practice— (a) without modification, or (b) with such modifications as they, with the consent of the Commissioner, consider 10 appropriate. (3) If the Scottish Ministers do not approve a draft code of practice, they must give the Commissioner a statement of their reasons for not approving it. 9 Bringing the code into effect (1) A code of practice approved under section 8B(2) has no effect until the day appointed 15 for the code by regulations made by the Scottish Ministers. (2) Ministers must, when laying before the Scottish Parliament a draft of an instrument containing such regulations, also lay a copy of the approved code of practice. (3) The Commissioner must publish the approved code of practice as soon as reasonably practicable after the regulations are made. 20 10 Report on the code of practice (1) The Commissioner must— (a) keep the code of practice under review, (b) prepare and publish a report on the Commissioner’s findings, and (c) lay a copy of the report before the Scottish Parliament. 25 (2) The first report prepared under subsection (1) must be laid before the Parliament no later than 3 years after the date on which the first code of practice comes into effect. (3) Subsequent reports prepared under subsection (1) must be laid before the Parliament no later than 4 years after the date on which the last such report was laid.
Last updated: 14 September 2020

Revised Explanatory Notes Scottish Biometrics Commissioner Bill

This means that various rules about the code apply equally to any revised code.
Official Report Meeting date: 20 December 2018

Standards, Procedures and Public Appointments Committee 20 December 2018

We took into account the fact that we already have a code of conduct and tried to make suggestions about how the current code could be changed.
Committee reports Date published: 24 March 2021

Annual report 2020-21 - Commissioner complaints

The Committee also agreed with the Commissioner's conclusions— That the conduct set out in the first part of the complaint was a breach of the Code of Conduct and the Members Interest Act 2006; and That the conduct set out in the second part of the complaint was not a breach of the Code or the Act.
Committee reports Date published: 25 March 2026

Legacy Report of the Rural Affairs and Islands Committee, Session 6 - Agriculture and Rural Communities (Scotland) Bill

The rural support plan was published on 24 March 2026 and an updated code of practice on sustainable and regenerative agriculture was published on 25 March 2026. 
Committee reports Date published: 6 March 2026

Net Zero, Energy and Transport Committee report on the National Bus Travel Concession Schemes (Miscellaneous Amendment) (Scotland) Order 2026 (draft) - About the instrument

The policy note says that work on a code of conduct as well as the processes and procedures for suspension is progressing.
Committee reports Date published: 20 February 2026

Code of Conduct changes - Cross-Party Groups - Operation of CPGs

At present there is no deadline for minutes to be provided and this has created some substantial gaps in the information available to the SPPA Committee in its role in monitoring compliance with the Code. The minutes of CPG meetings are a key document in providing transparency about a Group's activities and in assessing whether a Group is operating in compliance with the Code.
SPICe briefings Date published: 14 May 2025

The right to know: freedom of information in Scotland - Enforcement of the EIRs

Retrieved from https://www.legislation.gov.uk/ssi/2004/520/contents [accessed 1 October 2024] The Code of Practice issued under section 60 of FOISA is also issued under Regulation 18 of the EIRs (see Codes of Practice for further discussion).
SPICe briefings Date published: 25 February 2025

Right to Addiction Recovery (Scotland) Bill - Financial memorandum

Retrieved from https://www.parliament.scot/-/media/files/legislation/bills/s6-bills/right-to-addiction-recovery-scotland-bill/introduced/financial-memorandum-accessible.pdf [accessed 19 November 2024] (FM) which accompanies the Bill estimated the cost of increased provision of treatment for drug and alcohol addiction, promoting awareness and understanding, reporting to Parliament, producing a code of practice, staff training. Table 1: Estimated initial and reccurring costs of the BillCostsYear 1 cost per annum (low)Year 1 cost per annum (high)Ongoing cost per annum(low)Ongoing cost per annum (high)Total cost of increased provision of drug and alcohol treatments£28,500,000£38,000,000£28,500,000£38,000,000Promoting awareness and understanding£256,268£256,268£0£156,268Reporting to Parliament (including consultation)£53,055£53,055£53,055£53,055Code of practice£10,200£10,200£0 (in a year where revision to the Code is not required)£10,200 (in a year where notable revision to Code is required)Staff training£200,000£200,000£0£0Total£29,019,523£38,519,523£28,553,055£38,219,523The FM notes that these costs would be incurred by a number of organisations namely, health boards, ADPs and the Scottish Administration.
Committee reports Date published: 11 November 2020

Stage 1 Report on the Tied Pubs (Scotland) Bill - Market Rent Only (MRO)

This lease offer should not contain any unreasonable terms, and the code may specify which terms are to be considered unreasonable.

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