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Last updated: 27 March 2024

SPBill45S062024

General and final provisions 21 Offence (1) A person who coerces or pressures a terminally ill adult into making a first or second declaration commits an offence. 20 (2) A person who commits an offence under subsection 1 is liable— (a) on summary conviction to imprisonment for a term not exceeding 2 years or a fine not exceeding level 5 on the standard scale (or both), (b) on conviction on indictment to imprisonment for a term not exceeding 14 years or a fine (or both). 25 22 Limitations on effect of Act In so far as any provision of this Act, or any provision made under it, would relate to the reserved matter of— (a) misuse of drugs (within the meaning of Section B1 of Part 2 of schedule 5 of the Scotland Act 1998), 30 (b) regulation of the health professions (within the meaning of Section G2 of that Part of that schedule), or (c) medicines, medical supplies and poisons (within the meaning of Section J4 of that Part of that schedule), the provision is (to the extent it would so relate) of no effect. 35 23 Guidance (1) The Scottish Ministers may prepare and publish guidance with regard to the lawful provision to terminally ill adults of assistance to end their own lives under this Act. 11 Assisted Dying for Terminally Ill Adults (Scotland) Bill (2) Guidance under subsection (1) may in particular include provision about— (a) the carrying out of assessments under section 6 (including assessment of a terminally ill adult’s eligibility to be lawfully provided with assistance to end their own life), 5 (b) the making and cancellation of first and second declarations (including the signing of such declarations by proxy), (c) the provision of assistance in accordance with section 15, (d) the making of final statements, (e) information about the lawful provision to terminally ill adults of assistance to end 10 their own lives (including information to be provided to such adults and to the 1 general public). (3) The Scottish Ministers must, when preparing guidance under subsection (1), consult such persons as they consider appropriate. (4) A person carrying out any function under this Act must have regard to any relevant 15 guidance published under subsection (1). (5) The Scottish Ministers— (a) may from time to time revise guidance published under subsection (1), and (b) must publish any revised guidance. (6) Subsections (2) to (5) apply to revised guidance published under subsection (5) as they 20 apply to guidance published under subsection (1). 24 Provision of information by Public Health Scotland to Scottish Ministers (1) Public Health Scotland must, as soon as reasonably practicable after the end of each reporting period, submit a report to the Scottish Ministers on the lawful provision to terminally ill adults of assistance to end their own lives. 25 (2) The report must include the following information, in so far as known to Public Health Scotland, in relation to the reporting period to which the report relates— (a) broken down by reference to the characteristics mentioned in subsection (3), the number of persons who— (i) made a first declaration, 30 (ii) made a second declaration, (iii) made a second declaration but decided not to be provided with an approved substance provided by virtue of section 15(1), (iv) were provided with an approved substance by virtue of section 15(1) but decided not to use that substance, 35 (v) were provided with an approved substance by virtue of section 15(1) and died as a result of using that substance, (b) the number of statements made under section 8(1) and (2), including the number of statements which concluded that the person assessed— (i) was eligible to be lawfully provided with assistance to end their own lives, 40 (ii) was not eligible to be so provided, 12 Assisted Dying for Terminally Ill Adults (Scotland) Bill (c) in relation to persons who— (i) made a first declaration but did not go on to make a second declaration, (ii) made a second declaration but did not go on to be provided with an approved substance by virtue of section 15(1), 5 (iii) were provided with such a substance but did not go on to use it, the reasons given by persons as to why they did not go on to make a second declaration, be provided with an approved substance or, as the case may be, to use the substance, (d) in relation to persons who were provided with an approved substance by virtue 10 of section 15(1), 1 (i) the substance so provided, and (ii) where the person died as a result of using that substance, the type of place where the death took place (that is, in the person’s home, in a hospital, in a hospice and the like), 15 (e) the reasons given by persons wishing to be lawfully provided with assistance to end their own lives. (3) The characteristics referred to in subsection (2)(a) are— (a) age group, (b) postcode district, 20 (c) gender, (d) ethnicity, (e) nationality, (f) type of terminal illness. (4) A report under subsection (1) must not include any information that would or might 25 disclose the identity of a person. (5) The Scottish Ministers may by regulations amend subsections (2) and (3) so as to— (a) add a description of information or characteristic to, (b) vary a description of information or characteristic in, or (c) remove a description of information or characteristic from, 30 the information or characteristics for the time being mentioned in those subsections. (6) In this section, “reporting period” is the period of 1 year beginning with the day on which this section comes into force and each subsequent period of 1 year. 25 Provision of information to Public Health Scotland (1) The Scottish Ministers must by regulations make provision for information, relating to 35 the lawful provision to terminally ill adults of assistance to end their own lives, to be provided to Public Health Scotland for the purposes of the preparation of annual reports under section 24. (2) Regulations under subsection (1) may in particular make provision about— (a) the information to be provided, 13 Assisted Dying for Terminally Ill Adults (Scotland) Bill (b) the persons who must provide the information, (c) the circumstances in which the information must be provided, (d) the circumstances in which information may not be provided. (3) Regulations under subsection (1) may make provision for the circumstances in which 5 disclosure of information by or to Public Health Scotland is prohibited, including provision that disclosure in breach of such a prohibition is an offence. (4) A person who commits an offence under regulations made under subsection (1) is liable on summary conviction to a fine, as provided for in the regulations, but not exceeding level 5 on the standard scale. 10 (5) The Scottish Ministers must, before making regulations under subsection (1), consult 1 such persons as they consider appropriate. 26 Annual report (1) The Scottish Ministers must, as soon as reasonably practicable after the end of each reporting period— 15 (a) prepare and publish a report on the lawful provision to terminally ill adults of assistance to end their own lives, and (b) lay...
Last updated: 30 April 2024

SGCA Perm Sec to PAC 22 April 2024

We have also shared all the materials underpinning the written authority with the Auditor General and his team to aid accountability. This was recognised in Audit Scotland’s November 2023 report on the consolidated accounts: “Full access to officials and the documentation that supported the Accountable Officer’s decision to request a written authority was provided.
Last updated: 15 April 2024

Electoral Management Board written response 28 March 2024

The Convener of the EMB must not be accountable to politicians. It is suggested, therefore, that the most appropriate accountability of the EMB would therefore be to the Corporate Body of the Scottish Parliament.
Last updated: 30 March 2022

29MarPACSKForbesEUFunds

As you will be aware, Audit Scotland supports the Auditor General for Scotland (AGS) and the Accounts Commission with the services they need.
Last updated: 7 May 2020

SPBill49BS052020

Authority to perform functions 20 9 (1) Consumer Scotland may authorise— (a) any of its members, (b) any committee or sub-committee established by it, (c) its chief executive, or (d) any other member of its staff, 25 to perform such of its functions (and to such extent) as it determines. (2) But Consumer Scotland may not authorise another person to perform any of the following functions— (a) approving any annual budget or financial plan, (b) approving annual reports or accounts...
Official Report Meeting date: 20 March 2024

Economy and Fair Work Committee 20 March 2024

Amendment 25, in my name, relates to bank account arrestments and clarifies the position in relation to whether social security benefits can be attached by a bank account arrestment.
Official Report Meeting date: 15 May 2025

Standards, Procedures and Public Appointments Committee 15 May 2025

I do not mean bodies whose operations we are responsible for scrutinising but which are still accountable to ministers—or to local government, for example, and therefore accountable to other elected representatives.
Last updated: 15 January 2025

SPBill29BS062025

SP Bill 29B 6 (2025) Session 2 Police (Ethics, Conduct and Scrutiny) (Scotland) Bill (3) The chief constable must involve the Authority in the preparation of the code of ethics and the Authority must provide the chief constable with such assistance as the chief constable may reasonably require in that regard. (4) In preparing the code of ethics, the chief constable must have regard to— 5 (a) the policing principles set out in section 32, (b) the standards of behaviour referred to in section 52(2)(a)(i), (ba) the European Code of Police Ethics adopted as Recommendation Rec(2001)10 of the Committee of Ministers to member states on the European Code of Police Ethics, by the Committee of Ministers on 19 10 September 2001 at the 765th meeting of the Ministers’ deputies, 1 (bb) the United Nations’ Code of Conduct for Law Enforcement Officials, adopted by General Assembly resolution 34/169 of 17 December 1979, (bc) the United Nations’ Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, adopted by the Eighth United Nations 15 Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990, (c) Convention rights within the meaning of section 1 of the Human Rights Act 1998, (ca) the rights and obligations set out in the schedule of the United Nations 20 Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024, and (d) such other human rights contained in any international convention, treaty or other international instrument ratified by the United Kingdom as the chief constable considers relevant. 25 (5) The chief constable must— (a) publish the code of ethics on a website maintained by or on behalf of the Police Service and in such other manner as the chief constable considers appropriate, (b) lay...
Last updated: 18 December 2025

251218_Late Audits and S22 followups AGS to PAC

The auditor of Scottish Canals has confirmed that further work is needed by the body to address issues identified with the accounting requirements for non-current assets.
Last updated: 22 March 2024

Letter from Alan McIntosh Bank account arrestments and social security benefits

Do benefits lose their character as benefits once paid into a bank account? This issue is whether benefits, once paid into a bank account, are no longer benefits and lose the statutory protection they are afforded under legislation.

Can't find what you're looking for?

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