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Last updated: 22 December 2021

Chamber_Minutes_20211221

(Scotland) Act 2008 Affirmative Instruments The following instruments were laid before the Parliament on 17 December 2021 and are subject to the affirmative procedure— Social Security Information-sharing (Scotland) Amendment Regulations 2022 [draft] laid under section 96(2) of the Social Security (Scotland) Act 2018 Disability Assistance for Working Age People (Scotland) Regulations 2022 [draft] laid under section 96(2) of the Social Security (Scotland) Act 2018 Negative Instruments The following instrument was laid before the Parliament on 17 December 2021 and is subject to the negative procedure— Food (Withdrawal of Recognition) (Miscellaneous Amendments) (Scotland) Regulations 2021 (SSI 2021/477) laid under section 48(3) of the Food Safety Act 1990 The following instrument was laid before the Parliament on 20 December 2021 and is subject to the negative procedure— Nutritional Requirements for Food and Drink in Schools (Scotland) Amendment Regulations 2021 (SSI 2021/481) laid under section 133(2) of the Education (Scotland) Act 1980 Laid Only Instruments The following instrument was laid before the Parliament on 17 December 2021 and is not subject to any parliamentary procedure— Social Security (Scotland) Act 2018 (Commencement No. 9) Regulations 2021 (SSI 2021/474 (C. 35)) laid under section 30(2) of the Interpretation and Legislative Reform Scotland) Act 2010 The following instrument was laid before the Parliament on 20 December 2021 and is not subject to any parliamentary procedure— Planning (Scotland) Act 2019 (Commencement No. 8) Regulations 2021 (SSI 2021/480 (C. 36)) laid under section 30(2) of the Interpretation and Legislative Reform Scotland) Act 2010 Other Documents The following documents were laid before the Parliament on 17 December 2021 and are not subject to parliamentary procedure— Scottish Government response to scrutiny report by the Scottish Commission for Social Security (SCOSS) SG/2021/384 laid under section 97(9) of the Social Security (Scotland) Act 2018 Scottish Legal Aid Board Annual Report and Accounts...
Last updated: 31 July 2019

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The power allows the Scottish Ministers to give directions as to the keeping of accounting records and the preparation of accounts by the Commissioner.
Last updated: 31 July 2019

Scottish Biometrics Commissioner Bill as introduced

Accountability 18 Strategic plans (1) The Commissioner must, in respect of each 4 year period— 35 (a) prepare and publish a strategic plan, (b) lay a copy of the plan before the Scottish Parliament before the beginning of the 4 year period to which it relates. 8 Scottish Biometrics Commissioner Bill (2) Before publishing a strategic plan, the Commissioner must consult on a draft of it with— (a) the Parliamentary corporation, and (b) such other persons as the Commissioner considers appropriate. 5 (3) A strategic plan is a plan setting out how the Commissioner proposes to perform the Commissioner’s functions during the period covered by the plan and, in particular, setting out— (a) what the Commissioner’s objectives and priorities are for that period, (b) how the Commissioner proposes to achieve them, 10 (c) what the timetable is for doing so, and (d) what the estimated costs are of doing so. (4) The Commissioner may, at any time, review and revise a strategic plan. (5) Where the Commissioner revises a strategic plan— (a) subsections (1) to (4) apply to the revised strategic plan as they apply to the 15 original strategic plan, (b) the reference in subsection (1) to the 4 year period is to be read as a reference to the period to which the revised strategic plan relates. (6) In this section, “4 year period” means— (a) the period of 4 years beginning with 1 April next following the coming into force 20 of this section, and (b) each subsequent period of 4 years. 19 Budgets (1) The Commissioner must, before the start of each financial year— (a) prepare proposals for the Commissioner’s use of resources and expenditure during 25 the year (a “budget”), and (b) by such date as the Parliamentary corporation determines, send the budget to it for approval. (2) The Commissioner may, in the course of a financial year, prepare a revised budget for the remainder of the year and send it to the Parliamentary corporation for approval. 30 (3) In preparing a budget or revised budget, the Commissioner must ensure that the Commissioner’s resources will be used economically, efficiently and effectively. (4) A budget or revised budget must contain a statement confirming that the Commissioner has complied with the duty under subsection (3). 20 Accountable officer 35 (1) The Parliamentary corporation must designate the Commissioner or a member of the Commissioner’s staff as the accountable officer for the purposes of this section. (2) The functions of the accountable officer are— (a) signing the accounts of the expenditure and receipts of the Commissioner, Scottish Biometrics Commissioner Bill 9 (b) ensuring the propriety and regularity of the finances of the Commissioner, (c) ensuring that the resources of the Commissioner are used economically, efficiently and effectively, and (d) where the accountable officer is not the Commissioner, the duty set out in subsection (3). 5 (3) The duty referred to in subsection (2)(d) is a duty, where the accountable officer is required to act in a way that the accountable officer considers would be inconsistent with the proper performance of the functions specified in subsections (2)(a) to (c), to— (a) obtain written authority from the Commissioner before taking the action, and 10 (b) send a copy of that authority as soon as possible to the Auditor General for Scotland. (4) The accountable officer is answerable to the Scottish Parliament for the performance of the functions in subsection (2). 21 Accounts and audit 15 (1) The Commissioner must— (a) keep proper accounts and accounting records, (b) prepare in respect of each financial year a statement of accounts, and (c) send a copy of the statement to the Auditor General for Scotland for auditing. (2) The Commissioner must comply with any directions which the Scottish Ministers give 20 the Commissioner in relation to the matters mentioned in subsection (1)(a) and (b). (3) The Commissioner must make the audited statement of accounts available, without charge, for inspection at all reasonable times. 22 Annual report (1) The Commissioner must, in respect of each financial year— 25 (a) prepare and publish a report on the Commissioner’s activities during that year, and (b) lay a copy of the report before the Scottish Parliament before the expiry of the period of 7 months beginning with the last day of that year. (2) The report must include— 30 (a) a review of issues identified by the Commissioner in the financial year as being relevant to the use of biometric data for criminal justice and police purposes, (b) a review of the Commissioner’s activity in that year, including the steps taken to fulfil each of the Commissioner’s functions, (c) any recommendations by the Commissioner arising out of such activity. 10 Scottish Biometrics Commissioner Bill Meaning of key terms 23 Meaning of “biometric data” (1) In this Act, “biometric data” means information about an individual’s physical, biological, physiological or behavioural characteristics which is capable of being used, 5 on its own or in combination with other information (whether or not biometric data), to establish the identity of an individual. (2) For the purposes of subsection (1), “biometric data” may include— (a) physical data comprising or derived from a print or impression of or taken from an individual’s body, 10 (b) a photograph or other recording of an individual’s body, (c) samples of or taken from any part of an individual’s body from which information can be derived, and (d) information derived from such samples. 24 Interpretation 15 except where the context requires otherwise— In this Act, “code of practice” means a code of practice in effect by virtue of section 9(1), “Commissioner” means the Scottish Biometrics Commissioner, “Parliamentary corporation” means the Scottish Parliamentary Corporate Body.
Last updated: 4 June 2024

SPBill49PMS062024accessible

Accountability, reporting and Ministerial powers 80.
Official Report Meeting date: 10 January 2023

Delegated Powers and Law Reform Committee 10 January 2023

Does the committee wish to welcome the fact that the Scottish Government intends to lay an amending instrument before the regulations come into force on 1 April 2023?
Official Report Meeting date: 2 September 2021

Public Audit Committee 02 September 2021

They do that through a range of measures, most traditionally though their own annual report and accounts, which are subject to auditors independently appointed by me and the Accounts Commission.
Last updated: 2 November 2020

SPCB2020Paper_042

Signed copies of the Annual Report and Accounts need to be provided to the AGS before 30 November 2020 to meet the statutory deadline for laying the Accounts before Parliament.
Last updated: 12 March 2020

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Scottish Biometrics Commissioner Bill 13 (3) The duty referred to in subsection (2)(d) is a duty, where the accountable officer is required to act in a way that the accountable officer considers would be inconsistent with the proper performance of the functions specified in subsections (2)(a) to (c), to— (a) obtain written authority from the Commissioner before taking the action, and 5 (b) send a copy of that authority as soon as possible to the Auditor General for Scotland. (4) The accountable officer is answerable to the Scottish Parliament for the performance of the functions in subsection (2). 21 Accounts and audit 10 (1) The Commissioner must— (a) keep proper accounts and accounting records, (b) prepare in respect of each financial year a statement of accounts, and (c) send a copy of the statement to the Auditor General for Scotland for auditing. (2) The Commissioner must comply with any directions which the Scottish Ministers give 15 the Commissioner in relation to the matters mentioned in subsection (1)(a) and (b). (3) The Commissioner must make the audited statement of accounts available, without charge, for inspection at all reasonable times. 22 Annual report (1) The Commissioner must, in respect of each financial year— 20 (a) prepare and publish a report on the Commissioner’s activities during that year, and (b) lay a copy of the report before the Scottish Parliament before the expiry of the period of 7 months beginning with the last day of that year. (2) The report must include— 25 (a) a review of issues identified by the Commissioner in the financial year as being relevant to the use of biometric data for criminal justice and police purposes, (b) a review of the Commissioner’s activity in that year, including the steps taken to fulfil each of the Commissioner’s functions, (c) any recommendations by the Commissioner arising out of such activity. 30 Advisory group 22A Advisory group (1) The Commissioner must establish and maintain an advisory group. (2) The purpose of the group is to give advice and information to the Commissioner about matters relating to the Commissioner’s functions. 35 (3) The members of the group are to be such persons as the Commissioner determines, subject to the approval of the Parliamentary corporation as to— (a) the number of members, and (b) the persons to be appointed. 14 Scottish Biometrics Commissioner Bill (4) The Commissioner may pay to members of the group such remuneration and allowances (including expenses) as the Commissioner, with the approval of the Parliamentary corporation, determines. (5) The procedure of the group is to be such as the Commissioner determines. 5 Meaning of key terms 23 Meaning of “biometric data” (1) In this Act, “biometric data” means information about an individual’s physical, biological, physiological or behavioural characteristics which is capable of being used, on its own or in combination with other information (whether or not biometric data), to 10 establish the identity of an individual. (2) For the purposes of subsection (1), “biometric data” may include— (a) physical data comprising or derived from a print or impression of or taken from an individual’s body, (b) a photograph or other recording of an individual’s body or any part of an 15 individual’s body, (c) samples of or taken from any part of an individual’s body from which information can be derived, and (d) information derived from such samples. 23A Power to change meaning of “biometric data” 20 The Scottish Ministers may by regulations modify section 23 so as to change, or clarify, the meaning of “biometric data” in this Act. 24 Interpretation In this Act, except where the context requires otherwise — “code of practice” means the code of practice for the time being in effect by virtue 25 of section 9, “Commissioner” means the Scottish Biometrics Commissioner, “Parliamentary corporation” means the Scottish Parliamentary Corporate Body.
Last updated: 7 December 2023

SPBill80CS052023

The benefits should, where appropriate, be granted, taking into account the resources and the circumstances of the child and persons having responsibility for the maintenance of the child, as well as any other consideration relevant to an application for benefits made by or on behalf of the child.
Committees Published: 21 September 2021

Follow up Response on 31 August session with Cabinet Secretary for Finance and Economy - 21 September 2021

Later this autumn we will lay a draft NPF4 in the Scottish Parliament.

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