Ethical Standards in Public Life etc. (Scotland) Act 2000
Encyclopedia
The Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7) is an Act of the Scottish Parliament
which established that the Scottish Ministers had to issue a code of conduct for councillors, and put in place mechanisms for dealing with councillors in contravention of the code. It was introduced by Scottish Executive minister Wendy Alexander
.
The Act was most notable for its repeal of Section 28
of the Local Government Act 1988
in Scotland
, which had prevented local authorities from "the teaching of the acceptability of homosexuality as a pretended family relationship." This repeal was highly controversial, and Stagecoach Group
founder Brian Souter
led a campaign against it. The bill did require that councils would, in their dealings with children, have to regard the value of a stable family relationship, and that any education about family life would be appropriate to the child's age and development.
It passed on 21 June 2000 with 99 votes for and 17 against, with 2 abstentions, and received Royal Assent
on 4 July 2000. The Local Government Act 2003
repealed Section 28 in England and Wales
three years later.
was established which applied to Local authority councillor
s and members of Scottish public bodies. The Act applies to Executive non-departmental public bodies
, NHS Public Bodies
, Scottish Water
and Further education
college
s in Scotland.
is responsible for enforcing the Code of Conduct. They act upon reports presented by the Chief Investigation Officer, a separate office. Members of the Commission are appointed by Scottish Ministers. The Commission has a protocol for shared aims and objectives with the Scottish Public Services Ombudsman
.
, Scottish Ministers, employees of the Scottish Government or public bodies not mentioned in the Act. These complaints are handled by the Scottish Parliamentary Standards Commissioner for MSPs, the First Minister
for ministers and Scottish Public Services Ombudsman
for employees of the Scottish Government. Other complaints need to be forwarded to the Scottish Government.
The Act is designed to apply to officers and members who are responsible for spending public money, as such the public bodies not covered usually spend a limited amount of public money. Such bodies include Community council
s which spend little, if any, public money. Further, certain public bodies cannot be covered due to legal restrictions arising from how they were established.
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
which established that the Scottish Ministers had to issue a code of conduct for councillors, and put in place mechanisms for dealing with councillors in contravention of the code. It was introduced by Scottish Executive minister Wendy Alexander
Wendy Alexander
Wendy Alexander is a Scottish politician and the former Member of the Scottish Parliament for Paisley North. She held various Scottish Government cabinet posts and was the leader of the Labour Party group in the Scottish Parliament from 2007-2008...
.
The Act was most notable for its repeal of Section 28
Section 28
Section 28 of the Local Government Act 1988 caused the controversial addition of Section 2A to the Local Government Act 1986 , enacted on 24 May 1988 and repealed on 21 June 2000 in Scotland, and on 18 November 2003 in the rest of Great Britain by section 122 of the Local Government Act 2003...
of the Local Government Act 1988
Local Government Act 1988
The United Kingdom Local Government Act of 1988 was famous for introducing the controversial Section 28 into law. In terms of the section 28 of the Local Government Act 1988, Local Authorities were prohibited from promoting in specified category of schools, "the teaching of the acceptability of...
in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, which had prevented local authorities from "the teaching of the acceptability of homosexuality as a pretended family relationship." This repeal was highly controversial, and Stagecoach Group
Stagecoach Group
Stagecoach Group plc is an international transport group operating buses, trains, trams, express coaches and ferries. The group was founded in 1980 by the current chairman, Sir Brian Souter, his sister, Ann Gloag, and her former husband Robin...
founder Brian Souter
Brian Souter
Sir Brian Souter , is a Scottish businessman. He is the co-founder of the Stagecoach Group, along with his sister, Ann Gloag. He is also widely known for his controversial public statements and for his attempt to keep Section 28 in law, which led to widespread accusations of homophobia...
led a campaign against it. The bill did require that councils would, in their dealings with children, have to regard the value of a stable family relationship, and that any education about family life would be appropriate to the child's age and development.
It passed on 21 June 2000 with 99 votes for and 17 against, with 2 abstentions, and received Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 4 July 2000. The Local Government Act 2003
Local Government Act 2003
The Local Government Act 2003 is an Act of the Parliament of the United Kingdom. It made various changes to the administration of local government in the United Kingdom...
repealed Section 28 in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
three years later.
Ethical Standards in Public Life framework
A framework and Code of ConductCode of Conduct
A code of conduct is a set of rules outlining the responsibilities of or proper practices for an individual, party or organization. Related concepts include ethical codes and honor codes....
was established which applied to Local authority councillor
Councillor
A councillor or councilor is a member of a local government council, such as a city council.Often in the United States, the title is councilman or councilwoman.-United Kingdom:...
s and members of Scottish public bodies. The Act applies to Executive non-departmental public bodies
Non-departmental public body
In the United Kingdom, a non-departmental public body —often referred to as a quango—is a classification applied by the Cabinet Office, Treasury, Scottish Government and Northern Ireland Executive to certain types of public bodies...
, NHS Public Bodies
NHS Scotland
NHS Scotland is the publicly funded healthcare system of Scotland. Although they are separate bodies the organisational separation between NHS Scotland and the other three healthcare organisations each commonly called the National Health Service in the United Kingdom tends to be hidden from its...
, Scottish Water
Scottish Water
Scottish Water is a statutory corporation in Scotland that provides water and sewerage services. Unlike in England and Wales, water and sewerage provision in Scotland continues as a public corporation accountable to the public through the Scottish Government....
and Further education
Further education
Further education is a term mainly used in connection with education in the United Kingdom and Ireland. It is post-compulsory education , that is distinct from the education offered in universities...
college
College
A college is an educational institution or a constituent part of an educational institution. Usage varies in English-speaking nations...
s in Scotland.
Standards Commission for Scotland
The Standards Commission for ScotlandStandards Commission for Scotland
The Standards Commission for Scotland was established under the Ethical Standards in Public Life etc. Act 2000. The Commission's purpose is to advance high ethical standards in public life...
is responsible for enforcing the Code of Conduct. They act upon reports presented by the Chief Investigation Officer, a separate office. Members of the Commission are appointed by Scottish Ministers. The Commission has a protocol for shared aims and objectives with the Scottish Public Services Ombudsman
Scottish Public Services Ombudsman
The Scottish Public Services Ombudsman was set up in 2002 as a 'one-stop-shop'. It replaced three previous offices - the Scottish Parliamentary and Health Service Ombudsman, the Local Government Ombudsman for Scotland and the Housing Association Ombudsman for Scotland...
.
Chief Investigating Officer
The Chief Investigating Officer (CIO) is responsible for investigating any complaints made under the Code of Conduct. They are appointed by the Scottish Ministers and are operationally independent of the Standards Commission. The CIO will make a determination if the complaint is relevant or if another body can assist the complainant; the CIO must explain their decision. If an investigation is carried out the CIO will produce a report for the Commission. The Commission can choose to direct the CIO to conduct further investigations, convene a hearing or do neither.Restricted applicability
The Act does not cover the conduct of Members of the Scottish ParliamentMember of the Scottish Parliament
Member of the Scottish Parliament is the title given to any one of the 129 individuals elected to serve in the Scottish Parliament.-Methods of Election:MSPs are elected in one of two ways:...
, Scottish Ministers, employees of the Scottish Government or public bodies not mentioned in the Act. These complaints are handled by the Scottish Parliamentary Standards Commissioner for MSPs, the First Minister
First Minister of Scotland
The First Minister of Scotland is the political leader of Scotland and head of the Scottish Government. The First Minister chairs the Scottish Cabinet and is primarily responsible for the formulation, development and presentation of Scottish Government policy...
for ministers and Scottish Public Services Ombudsman
Scottish Public Services Ombudsman
The Scottish Public Services Ombudsman was set up in 2002 as a 'one-stop-shop'. It replaced three previous offices - the Scottish Parliamentary and Health Service Ombudsman, the Local Government Ombudsman for Scotland and the Housing Association Ombudsman for Scotland...
for employees of the Scottish Government. Other complaints need to be forwarded to the Scottish Government.
The Act is designed to apply to officers and members who are responsible for spending public money, as such the public bodies not covered usually spend a limited amount of public money. Such bodies include Community council
Community council
A community council is a public representative body in Great Britain.In England they may be statutory parish councils by another name, under the Local Government and Public Involvement in Health Act 2007, or they may be non-statutory bodies...
s which spend little, if any, public money. Further, certain public bodies cannot be covered due to legal restrictions arising from how they were established.
See also
- List of Acts of the Scottish Parliament from 1999
- Standards Board for EnglandStandards Board for EnglandStandards for England, formerly known as the Standards Board for England, is a non-departmental public body sponsored by the Department for Communities and Local Government. Established following the Local Government Act 2000, it is responsible for promoting high ethical standards in local democracy...