View source for Ethical Standards in Public Life etc. (Scotland) Act 2000

{{EngvarB|date=August 2014}}
{{Use dmy dates|date=August 2014}}
{{Infobox UK legislation
|short_title          = Ethical Standards in Public Life etc. (Scotland) Act 2000
|type                 = Act
|parliament           = Scottish Parliament
|long_title           = An Act of the Scottish Parliament to establish a framework for securing the observance of high standards of conduct by councillors and other persons holding public appointments; and to repeal section 2A of the Local Government Act 1986 and make provision as to how councils are to exercise functions which relate principally to children.
|year                 = 2000
|statute_book_chapter = 2000 asp 7
|introduced_by        = [[Wendy Alexander]]<ref name="ParliamentBillIntroduced">{{cite web|title=Ethical Standards in Public Life etc. (Scotland) Bill [AS INTRODUCED]|url=http://www.parliament.scot/S1_Bills/Ethical%20Standards%20in%20Public%20Life%20etc.%20(Scotland)%20Bill/b9s1.pdf|website=parliament.scot|publisher=The Scottish Parliament|accessdate=19 October 2016|page=20|archive-date=19 October 2016|archive-url=https://web.archive.org/web/20161019212451/http://www.parliament.scot/S1_Bills/Ethical%20Standards%20in%20Public%20Life%20etc.%20(Scotland)%20Bill/b9s1.pdf|url-status=dead}}</ref>
|territorial_extent   = {{flagcountry|Scotland}}
|royal_assent         = 24 July 2000<ref name="ParliamentBills">{{cite web|title=Session 1 Bills|url=http://www.parliament.scot/parliamentarybusiness/Bills/12424.aspx#9|website=parliament.scot|publisher=The Scottish Parliament|accessdate=19 October 2016}}</ref>
|commencement         = 
|repeal_date          =  
|amends               = [[Local Government Act 1986]]
|amendments           = {{Collapsible list
                      | title = 3 Acts
                      | [[Scottish Public Services Ombudsman Act 2002]]
                      | [[Water Services etc. (Scotland) Act 2005]]
                      | [[Scottish Parliamentary Commissions and Commissioners etc. Act 2010]]}}
|related_legislation  = [[Local Government Act 1988]]
|repealing_legislation= 
|status               = Amended
|original_text        = http://www.legislation.gov.uk/asp/2000/7/contents/enacted
|legislation_history  = http://www.parliament.scot/parliamentarybusiness/Bills/12424.aspx#9
|use_new_UK-LEG       = 
|revised_text         = http://www.legislation.gov.uk/asp/2000/7/contents
}}
The '''Ethical Standards in Public Life etc. (Scotland) Act 2000''' (asp 7)<ref>Ethical Standards in Public Life etc. (Scotland) Act 2000: {{cite web|title=Full text of the Act |url=http://www.opsi.gov.uk/legislation/scotland/acts2000/plain/asp_20000007_en|publisher=[[Office of Public Sector Information]] |accessdate=18 November 2007}}</ref> is an [[Act of the Scottish Parliament]] which established that the [[Scottish Government|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 Government|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.

==Ethical Standards in Public Life framework==
A framework and [[Code of Conduct]] was established which applied to [[Local government in Scotland|Local authority]] [[councillor]]s and members of [[Scottish public body|Scottish public bodies]].<ref>{{cite web|title=Ethical Standards in Public Life |url=http://www.gov.scot/Topics/Government/local-government/governance/ethical-standards |publisher=[[Scottish Government]] |accessdate=9 June 2015}}</ref> The Act applies to [[Non-departmental public body|Executive non-departmental public bodies]], [[NHS Scotland|NHS Public Bodies]], [[Scottish Water]] and [[further education colleges in Scotland]].<ref>{{cite web|title=List of Devolved Public Bodies |url=http://www.gov.scot/Topics/Government/public-bodies/about/Bodies|publisher=The Scottish Government |accessdate=9 June 2015}}</ref>

==Standards Commission for Scotland==
The [[Standards Commission for 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.<ref>Standards Commission for Scotland: {{cite web|title=What is the Standards Commission for Scotland |url=http://www.scotland.gov.uk/Topics/Government/local-government/ethical-standards/commission|publisher=The Scottish Government |accessdate=18 November 2007}}</ref> The commission has a protocol for shared aims and objectives with the [[Scottish Public Services Ombudsman]].<ref>Protocol for co-operation: {{cite web |title=Protocol Between The Scottish Public Services Ombudsman and the Standards Commission for Scotland |url=http://www.standardscommissionscotland.org.uk/protocol_ombudsman.html |publisher=The Standards Commission for Scotland |accessdate=18 November 2007 |url-status=dead |archiveurl=https://web.archive.org/web/20071215144155/http://www.standardscommissionscotland.org.uk/protocol_ombudsman.html |archivedate=15 December 2007 |df=dmy-all }}</ref>

==Commissioner for Ethical Standards in Public Life in Scotland==
The Commissioner for Ethical Standards in Public Life in Scotland (CESPLS) 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 CESPLS will make a determination if the complaint is relevant or if another body can assist the complainant; the CESPLS must explain their decision.  If an investigation is carried out the CESPLS will produce a report for the commission.  The commission can choose to direct the CESPLS to conduct further investigations, convene a hearing or do neither.<ref>Commissioner for Ethical Standards in Public Life in Scotland: {{cite web|title=Who is CESPLS |url=http://www.gov.scot/Topics/Government/local-government/governance/ethical-standards/cio|publisher=The Scottish Government |accessdate=20 April 2016}}</ref>

From 17 January 2002 to 31 March 2011 the CESPLS was known as the Chief Investigating Officer (CIO).

==Restricted applicability==
The Act does not cover the conduct of [[Member of the Scottish Parliament|Members of the Scottish Parliament]], [[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 of Scotland|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.<ref>Complaints against bodies not covered: {{cite web|title=Further Complaints |url=http://www.scotland.gov.uk/Topics/Government/local-government/ethical-standards/further-complaints|publisher=The Scottish Government |accessdate=18 November 2007}}</ref>

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.<ref>Why are Community Councils not included in the Ethical Standards Framework: {{cite web|title=FAQ2 |url=http://www.scotland.gov.uk/Topics/Government/local-government/ethical-standards/faq2|publisher=The Scottish Government |accessdate=18 November 2007}}</ref> Further, certain public bodies cannot be covered due to legal restrictions arising from how they were established.<ref>Why are some public bodies not included in the Ethical Standards Framework: {{cite web|title=FAQ1 |url=http://www.scotland.gov.uk/Topics/Government/local-government/ethical-standards/faq1|publisher=The Scottish Government |accessdate=18 November 2007}}</ref>

==See also==
* [[List of acts of the Scottish Parliament from 1999]]
* [[Standards Board for England]]

==References==
{{Reflist}}

==External links==
*{{UK-LEG|path=asp/2000/7|title=Ethical Standards in Public Life etc. (Scotland) Act 2000|type=asp}}

{{DEFAULTSORT:Ethical Standards In Public Life Etc. (Scotland) Act 2000}}
[[Category:Acts of the Scottish Parliament 2000]]
[[Category:LGBTQ law in the United Kingdom]]
[[Category:Local government in Scotland]]
[[Category:LGBTQ rights in Scotland]]
[[Category:Ombudsmen in Scotland]]
[[Category:2000 in LGBTQ history]]