There are 18,241 results relating to "table.a Code"
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Committee reports
Date published:
27 October 2017
Children and Young People (Information Sharing) (Scotland) Bill at Stage 1 - Overview and consideration of the Bill
The Committee's consideration was also informed by an illustrative draft of the Code of Practice provided by the Scottish Government.iiThe illustrative draft Code of Practice is available here: http://www.gov.scot/Topics/People/Young-People/gettingitright/information-sharing/cyp-information-sharing-bill-2017/cyp-information-sharing-draft-code-of-practice
The delegated powers are considered further below, in light of the evidence received.
Official Report
Meeting date:
11 June 2024
Delegated Powers and Law Reform Committee 11 June 2024
In accordance with section 3 of the code of conduct, I invite Jeremy Balfour MSP to declare any interests that are relevant to the remit of the committee.
Committee reports
Date published:
20 February 2026
Code of Conduct changes - Cross-Party Groups - Annexe A: Draft Code of Conduct changes
Annexe A: Draft Code of Conduct changes
Introduction
1.
Official Report
Meeting date:
15 June 2022
Criminal Justice Committee 15 June 2022
It is fine to have principles and ethical considerations in the code of practice, but I am interested in how compliance with the code will be monitored in future.
Official Report
Meeting date:
25 January 2022
Meeting of the Parliament 25 January 2022
If a member wishes to raise a concern under the members’ code of conduct, the code of conduct sets out how to do that.
Last updated:
15 May 2024
SPBill33AS062024
Administrative matters, eligibility and enforcement 35 13 Regulations about support (1) The Scottish Ministers may by regulations make provision for or in connection with the provision of support or support for a particular purpose. (2) Regulations under this section may, in particular, make provision about— (a) eligibility criteria for receiving support, (see section 14) 40 (b) payment entitlements, (see section 15) (c) the amount of support, including— (i) how the amount of support is to be determined, 8 Agriculture and Rural Communities (Scotland) Bill Part 2—Support for agriculture, rural development and related matters (ii) setting a minimum amount for a payment of support, (iii) reducing the amount of payments of support in particular circumstances (other than those described in section 9), (d) how support is to be paid or otherwise provided, 5 (e) conditions that may or must be imposed when providing support, (f) checking, enforcing and monitoring support, (see section 16) (g) such administrative and procedural matters in connection with the provision of support as the Scottish Ministers consider appropriate, and (h) the publication of information about support that is being or has been provided, 10 (see section 17). 1 (3) Before making regulations under this section, the Scottish Ministers must consult such persons as they consider likely to be interested in or affected by provisions in this section. (4) Regulations under this section— 15 (a) are subject to the affirmative procedure if the regulations in question, in the opinion of the Scottish Ministers, would make significant provision, or (b) otherwise, are subject to the negative procedure. (5) For the purpose of subsection (4)(a), significant provision includes— (a) establishing a scheme in respect of support for a particular purpose which will— 20 (i) have a significant number of potential recipients or have a significant impact on recipients, (ii) affect a significant amount of land or have a significant impact on a particular type of land, (iii) have a significant monetary value (as assessed by reference to the value of 25 support generally), (iv) create a criminal offence (see section 16), and (b) making significant changes to an existing scheme of support that is, by reference to the matters in paragraph (a), a significant scheme. 14 Eligibility criteria for support 30 (1) Regulations under section 13(2)(a) may, in particular, make provision for or in connection with criteria for support by reference to— (a) the activity which a person carries out, (b) how a person carries out an activity, including whether the person carries out the activity personally or through other arrangements, 35 (c) a person’s characteristics or personal, financial or business circumstances (for example, a person commencing an agricultural activity for the first time), (d) the type or location of land on which a person carries out an activity, (e) the amount of land on which a person carries out an activity, 9 Agriculture and Rural Communities (Scotland) Bill Part 2—Support for agriculture, rural development and related matters (f) the manner in which title to, or occupancy of, land on which an activity is carried out is registered or recorded (for example, if the land is registered in the Land Register of Scotland), (g) the ability of grazing committees and co-operatives to claim support as a collective 5 for joint projects separate to individual support. (2) In this section “grazing committee” has the meaning given by section 47 of the Crofters 7 (Scotland) Act 1993. 15 Payment entitlements (1) Regulations under section 13(2)(b) may, in particular, make provision for or in connection 10 with— 1 (a) the determination of the number of payment entitlements available, (b) the allocation of payment entitlements, (c) the value of payment entitlements, (d) the transfer of payment entitlements (whether or not for a consideration), 15 (e) the Scottish Ministers holding payment entitlements for allocation to specified categories of persons, (f) the surrender of payment entitlements to, or the reclamation or cancelling of payment entitlements by, the Scottish Ministers, (g) creating and maintaining a register of persons allocated payment entitlements, 20 (h) the charging of fees of such amount as may be specified for making changes to the register necessitated by the transfer of entitlements. (2) In this Part, a “payment entitlement” is the entitlement of a person to be provided an amount of support for a particular purpose (subject to meeting any eligibility criteria and conditions or limits on payments). 25 16 Checking, enforcing and monitoring support (1) Regulations under section 13(2)(f) may, in particular, make provision for or in connection with— (a) checking whether eligibility criteria for support are met, (b) the consequences, where support has been provided without eligibility criteria having been met, 30 (c) enforcing compliance with any conditions to which support is or has been provided, (d) monitoring the extent to which the purpose of providing support has been achieved, (e) the creation of offences and investigation of suspected offences in connection with applications for, or the provision of support. 35 (2) Without limit to the generality of subsection (1), such provision may include provision— (a) about the provision of information, (b) conferring powers of entry, (c) conferring powers of inspection, search and seizure, 10 Agriculture and Rural Communities (Scotland) Bill Part 2—Support for agriculture, rural development and related matters (d) about the process for determining whether eligibility criteria for, or conditions applying to, the provision of support are met, (e) about record keeping, (f) about the recovery or making good of all or any part of support (with or without 5 interest), (g) about withholding support, in whole or in part, (h) about steps to be taken, by a person to whom support is or has been provided, to rectify any breach of a condition applicable to that support, (i) about imposing monetary penalties (including penalties calculated by reference to 10 the value of any support), 1 (j) for recovery of amounts due in respect of monetary penalties, (k) prohibiting a person from receiving support, or support for a particular purpose, for a specified period or until specified conditions are satisfied, (l) about how decisions are to be reviewed and appeals, 15 (m) conferring functions (including functions involving the exercise of a discretion) on a person. (3) Regulations made by virtue of this section may not authorise entry to a private dwelling without a warrant issued by a summary sheriff or sheriff. (4) The provision which may be made by virtue of subsection (2)(f) includes provision for 20 interest on any recoverable amount to be payable from such day (whether the day on which the financial assistance in question was given or a later day) as may be specified in the regulations. (5) Regulations made by virtue of subsection (1)(e) creating an offence must provide for the maximum penalty for the offence to be— 25 (a) on conviction on indictment, a fine, or (b) on summary conviction, a fine not exceeding the statutory maximum. (6) In this section, “specified” means specified in, or determined under, regulations made by virtue of subsection (1). 17 Publication of information about support 30 Regulations under section 13(2)(h) may, in particular, make provision— (a) imposing a requirement on any person (including the Scottish Ministers), (b) requiring that the information to be published includes information about— (i) the recipient of any support provided, (ii) the amount of any support provided, 35 (iii) the purposes of any support provided. 11 Agriculture and Rural Communities (Scotland) Bill Part 2—Support for agriculture, rural development and related matters 18 Processing of information (1) The Scottish Ministers may by regulations make provision about the processing of information for and in connection with— (a) the provision of— 5 (i) support under this Act, or (ii) other relevant assistance, (b) the carrying out of functions in relation to continuing professional development activities under this Act. (2) Regulations under this section may, in particular— 10 (a) require a person to produce information in such form and within such reasonable 1 times as may be specified, (b) authorise the Scottish Ministers (and any persons acting on their behalf) to share information with— (i) a public authority for the purpose of enabling or assisting the authority (and 15 any persons acting on their behalf) to exercise any functions, (ii) such other persons or descriptions of persons, in such circumstances as may be specified. (3A) A duty or power to disclose or use information which is imposed or conferred by regulations under subsection (1) may not operate to require or authorise the disclosure 20 or use of information which would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the disclosure or use would contravene that legislation). (4) In this section— “the data protection legislation” has the meaning given by section 3(9) of the Data 25 Protection Act 2018, “processing” is to be construed in accordance with section 3(4) of the Data Protection Act 2018, “public authority” means a public authority in any part of the United Kingdom, “relevant assistance” means financial assistance provided by the Scottish Ministers 30 under or by virtue of another enactment (including, in particular, assimilated law governing the CAP direct payment schemes and assimilated direct CAP legislation) for a purpose similar to a purpose described in schedule 1, “specified” means specified in, or determined under, regulations under subsection (1). 35 (5) Regulations under this section are subject to the negative procedure. 12 Agriculture and Rural Communities (Scotland) Bill Part 3—Powers to modify existing legislation relating to support P ART 3 P OWERS TO MODIFY EXISTING LEGISLATION RELATING TO SUPPORT Powers in relation to relevant CAP legislation 19 Power to simplify, improve or update relevant CAP legislation 5 (1) The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 is modified as follows. (2) In section 1 (defined terms), in subsection (2)— (a) in the opening words, for “main” substitute “relevant”, (b) after paragraph (b) insert— “(ba) the CMO Regulation,”. 10 (3) In section 2 (power to simplify or improve CAP legislation)— 1 (a) in subsection (1), for “the main” substitute “or restate, to any extent, the relevant”, (b) in subsection (2)— (i) the words from “that” to “legislation” become paragraph (a), (ii) after that paragraph insert— 15 “(b) that they consider appropriate to take account of— (i) changes in technology, or (ii) developments in scientific understanding.”, (c) after subsection (2) insert— “(2A) A restatement under subsection (1) may make any change to the legislation 20 that the Scottish Ministers consider appropriate— (a) for the purposes of— (i) resolving ambiguity, (ii) removing doubt or an anomaly, (iii) facilitating improvements in the clarity or accessibility of the law 25 (including by omitting anything which is legally unnecessary), (b) to take account of— (i) changes in technology, or (ii) developments in scientific understanding. (2B) A restatement under subsection (1) may use words or concepts that are different 30 from those used in the provision being restated.”. (4) The section title of section 2 becomes “Power to simplify, improve or update relevant CAP legislation”. 20 Power to continue or end the operation of relevant CAP legislation (1) The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 is modified as follows. 13 Agriculture and Rural Communities (Scotland) Bill Part 3—Powers to modify existing legislation relating to support 1 (2) In section 3 (power to provide for the operation of CAP legislation beyond 2020)— (a) in subsection (1)— (i) for “main” substitute “relevant”, (ii) the words “for one or more years beyond 2020” are repealed, 5 (b) after subsection (1) insert— “(1A) The Scottish Ministers may by regulations modify any provision of the relevant CAP legislation for the purpose of securing that it— (a) ceases to apply for a period, or (b) ceases to have effect in Scotland.”, 10 (c) subsections (2) and (3) are repealed, 1 (d) in subsection (4), for “subject to the affirmative procedure” substitute “(if they have not been subject to the affirmative procedure) subject to the negative procedure.”. (3) The section title of section 3 becomes “Power to continue or end the operation of 15 relevant CAP legislation”. 21 Power to modify financial provision in relevant CAP legislation (1) The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 is modified as follows. (2) In section 4 (power to modify financial provision in CAP legislation)— (a) in subsection (1), for “main” substitute “relevant”, 20 (b) subsection (2) is repealed, (c) in subsection (3), for “subject to the affirmative procedure” substitute “(if they have not been subject to the affirmative procedure) subject to the negative procedure.”. (3) The section title of section 4 becomes “Power to modify financial provision in relevant 25 CAP legislation”. 22 Repeal of section 5 Section 5 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020 is repealed. 23 Public intervention and private storage aid 30 (1) The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 is modified as follows. (2) In section 6 (power to modify CAP legislation on public intervention and private storage aid)— (a) for subsection (2) substitute— “(2) The power conferred by subsection (1) includes the power to make provision 35 for the purposes of— (a) altering the operation of the legislation so far as it has effect in connection with exceptional market conditions which are the subject of 14 Agriculture and Rural Communities (Scotland) Bill Part 3—Powers to modify existing legislation relating to support a declaration under section 12 of the Agriculture and Rural Communities (Scotland) Act 2024, (b) securing that provisions of the legislation cease to have effect otherwise than in connection with exceptional market conditions which are the 5 subject of such a declaration, (c) altering the operation of provisions of the legislation otherwise than in connection with exceptional market conditions.”, (b) after subsection (3) insert— “(3A) For the purposes of this section, a reference to exceptional market conditions 10 which are the subject of a declaration under section 12 of the Agriculture and 1 Rural Communities (Scotland) Act 2024 includes a reference to circumstances which are the subject of measures under Articles 219, 220 and 221 of the CMO Regulation.”. 24 Power to modify CAP legislation on aid for fruit and vegetable producer 15 organisations (1) In section 7 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (power to simplify or improve CAP legislation on aid for fruit and vegetable producer organisations), subsection (2) is repealed. (2) The section title of section 7 becomes “Power to modify CAP legislation on aid for 20 fruit and vegetable producer organisations”. 25 Apiculture After section 7 of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020 insert— “Apiculture 25 7A Apiculture (1) The Scottish Ministers may by regulations modify the legislation governing apiculture. (2) In this section, the “legislation governing apiculture” includes, in particular— (a) Articles 55 to 57 and 215 of the CMO Regulation, 30 (b) any delegated or implementing Regulations made (whether by the Commission or the Council) under the CMO Regulation relating to those Articles, (c) any subordinate legislation implementing or otherwise relating to those Articles. 35 Regulations under this section are (if they have not been subject to the (3) affirmative procedure) subject to the negative procedure.”. 15 Agriculture and Rural Communities (Scotland) Bill Part 4—Miscellaneous P ART 4 M ISCELLANEOUS 26 Code...
Last updated:
24 August 2023
Quality of public audit AR 21_22
AQA reviewed a sample of annual audit reports to assess how effectively There is a good auditors were complying with the Code. The review found that there is a good level of level of compliance with the Code on auditor reporting. compliance with the Code on 96.
Last updated:
1 June 2020
Bill as introduced Welfare of Dogs (Scotland) Bill
ART 3 P UYING AND SELLING ETC.: GOOD PRACTICE B 20 20 Making of code of practice (1) The Scottish Ministers must make a code setting out good practice— (a) for a person to follow where the person is considering acquiring a dog to keep as a pet, and (b) for a person to follow where the person is considering selling or giving away a 25 dog to another person who it appears would keep the dog as a pet. (2) The code of practice must give effect to the material in the schedule. (3) Before making the code of practice, the Scottish Ministers must consult such persons as they consider appropriate. (4) The code of practice is to come into effect on a date, specified in it, that is no later than 30 6 months after Royal Assent. (5) The Scottish Ministers must publish the code of practice. (6) The references in sections 21 and 22 to “the code of practice” are to the code of practice made under this section. 21 Revision of code of practice 35 (1) Other than in respect of the material in the schedule, the Scottish Ministers may revise the code of practice as it has effect for the time being. (2) Before revising the code of practice, the Scottish Ministers must consult such persons as they consider appropriate. (3) A revised code of practice is to come into effect on such date as is specified in it. 10 Welfare of Dogs (Scotland) Bill Part 4—General provisions (4) Whenever the code of practice is revised, the Scottish Ministers must re-publish the code of practice as revised. (5) Subsection (4) does not apply if the Scottish Ministers consider that none of the revisions materially alters the effect of the code of practice. 5 22 Effect of code of practice (1) A person’s failure to comply with any provision of the code of practice does not of itself render the person liable to proceedings of any sort. (2) In any proceedings for a relevant offence— (a) failure to comply with a relevant provision of the code of practice may be relied 10 on as tending to establish liability, (b) compliance with a relevant provision of the code of practice may be relied on as tending to negative liability. (3) A “relevant offence” is an offence under— (a) Part 2 of the 2006 Act, or 15 (b) regulations under section 26 or 27 of that Act. (4) The references in this section to the code of practice are to it as it has effect at the time of the failure to comply, or the compliance, concerned.
Last updated:
25 November 2024
CabSecRALRIproviding further information following informal briefing on the Land Reform Bill 14 May
The Code is about providing support for people and providing them with a basket of measures included in that definition.
Last updated:
21 August 2023
Wildlife Bill letter from RSPB Scotland 10 July 2023
In Scotland, while the current Muirburn Code is clear that muirburn on peatland (>50cm) should not be undertaken.
