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Last updated: 12 March 2025

LettertoEthicalStandardsCommissioner

However, we agree on the value of this information and that a question on training on the code of conduct could helpfully be included in complaint forms for future years.
Last updated: 12 March 2025

LettertoEthicalStandardsComissioner

However, we agree on the value of this information and that a question on training on the code of conduct could helpfully be included in complaint forms for future years.
Last updated: 21 February 2024

SPBill24AS062024

Making muirburn 14 Muirburn Code (1) The Scottish Ministers must prepare a code (the “Muirburn Code”) in relation to how to make muirburn safely and appropriately. 10 (2) The Muirburn Code may, in particular, include provision as to— 1 (a) how the thickness of a layer of peat is to be determined, (b) the times of day muirburn may be made, (c) safety requirements when making muirburn. (3) The Scottish Ministers must review and, if they consider it appropriate, revise the 15 Muirburn Code by the end of each review period. (4) The Scottish Ministers must publish the Muirburn Code prepared under subsection (1) and any revised code under subsection (3) as soon as practicable after it is prepared or, as the case may be, revised. (5) The Scottish Ministers must, in preparing or reviewing the Muirburn Code, consult— 20 (a) Scottish Natural Heritage, and (b) such other persons as they consider likely to be interested in or affected by the making of muirburn. (6) Subsection (5)(a) does not apply during any period for which the functions under this section are delegated to Scottish Natural Heritage under section 17. 25 (7) In this section, “review period” means— (a) the period of 5 years beginning with the day on which section 9 comes into force, and (b) each subsequent period of 5 years. 15 Notice of muirburn activity 30 (1) A person who intends to make muirburn must give notice in writing under this section to— (a) the owner of the proposed muirburn site (if different from the person making the muirburn), and (b) any occupier of land situated within 1 kilometre of the proposed muirburn site. 35 (2) Notice need not be given to a person (“A”) under this section if A has given notice in writing to the person intending to make muirburn that A wishes not to be notified of any intention to make muirburn. 22 Wildlife Management and Muirburn (Scotland) Bill Part 2—Muirburn licensing (3) Where there are 10 or more occupiers of land situated within 1 kilometre of the proposed muirburn site, the person intending to make muirburn may, instead of giving notice under subsection (1)(b) to each occupier separately, notify those occupiers collectively— (a) by placing a notice in at least one newspaper circulating in the area which includes 5 the proposed muirburn site, or (b) by such other method as the Scottish Ministers may specify (whether in the Muirburn Code or otherwise) having regard to the need for the cost of giving notice to be reasonable to a person who intends to make muirburn. (4) The Scottish Ministers must publicise any method for the time being specified (otherwise 10 than in the Muirburn Code) for the purposes of subsection (3)(b). 1 (5) Notice under subsection (1) must— (a) be given not less than 7 days before the muirburn is made, (b) identify the proposed muirburn site (or sites), (c) inform the person to whom notice is given (“A”) that A may require the person 15 intending to make muirburn to provide further information in relation to— (i) the dates on or between which the muirburn is intended to be made, (ii) the proposed muirburn site (or sites), and (iii) the approximate extent of the proposed muirburn. (6) Where the owner of the proposed muirburn site or an occupier of land situated within 20 1 kilometre of the proposed muirburn site requests any of the further information mentioned in subsection (5)(c), the person intending to make the muirburn must make reasonable efforts to comply with the request no later than the end of the day before the muirburn is made. (7) Any notice required to be given to an owner of land under this section may be given 25 to any person purporting to be authorised by the owner to receive the notice. (8) Any notice required to be given under this section may, as an alternative to being given by a method specified in section 26 of the Interpretation and Legislative Reform (Scotland) Act 2010, be given— (a) by leaving it at an address to which it may be sent by virtue of subsection (2)(b) 30 of that section, or (b) where the identity of an occupier cannot, after reasonable inquiry, be ascertained by— (i) addressing the notice to “Any occupiers of the land” (describing it), and (ii) affixing it to some conspicuous object on the land. 35 16 Muirburn season (1) For the purposes of this Part, the muirburn season is the period of time from 15 September in any year to 31 March in the following year. (2) The Scottish Ministers may, by regulations, amend the dates in subsection (1) to extend or reduce the muirburn season. 23 Wildlife Management and Muirburn (Scotland) Bill Part 2—Muirburn licensing (3) The Scottish Ministers may make regulations under subsection (2) only if they consider it necessary or expedient to do so— (a) in relation to climate change, or (b) for the purpose of— 5 (i) conserving, restoring, enhancing or managing the natural environment, (ii) preventing, or reducing the risk of, wildfires causing harm to people or damage to property. (4) The power under subsection (2) (by virtue of section 25) to make different provision for different purposes includes in particular power to make different provision for— 10 (a) different land (for example, land at different altitudes), 1 (b) different years. (5) Before making regulations under subsection (2), the Scottish Ministers must consult— (a) Scottish Natural Heritage, and (b) such other persons as they consider likely to be interested in or affected by the 15 making of muirburn. (6) Regulations under subsection (2) are subject to the affirmative procedure.
Last updated: 17 December 2024

Minute of the meeting held 5 December 2023

Needs to be considered in phase 2 of creating the code. o The three objectives in phase 2 are: science, code design, and governance.
Last updated: 16 December 2024

41223 Rural CPG Notes Approved

Needs to be considered in phase 2 of creating the code. o The three objectives in phase 2 are: science, code design, and governance.
Last updated: 8 August 2024

Minute of the meeting held on 5 December 2023

Needs to be considered in phase 2 of creating the code. o The three objectives in phase 2 are: science, code design, and governance.
Last updated: 31 May 2024

CPG on Rural Policy 4 Dec 2023

Needs to be considered in phase 2 of creating the code. o The three objectives in phase 2 are: science, code design, and governance.
Committee reports Date published: 18 December 2025

Complaint against Ash Regan MSP - Decision of the Committee

The representations on behalf of Ash Regan, including those on the Commissioner’s draft report, contend that paragraph 9.1 of the Code does not apply on the basis that the Code regulates complaints about members and not complaints by members.
Committee reports Date published: 11 November 2019

Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2019 - Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2019

There has been no material change to the legislation that would require a re-issue of the code, however, the Scottish Government has taken the opportunity to strengthen the code, which makes more comprehensive and enhanced guidance available to proper persons.
Last updated: 25 April 2025

For Women Scotland v The Scottish Ministers from Cabinet Secretary for Social Justice 25 April 2025

The EHRC have carried out a consultation, which closed on 3 January 2025, on an updated Code of Practice for services, public functions and associations: Equality regulator opens consultation on updated Code of Practice | EHRC 22.

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