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

25Special provision for the Water Industry Commissioner

(1)Ministers shall issue (and may revise or re-issue) a code of conduct for the Water Industry Commissioner for Scotland (the “Water Commissioner’s code” and the “Water Commissioner”).

(2)There shall be set out in the Water Commissioner’s code principles and rules governing the conduct of the Water Commissioner.

(3)These principles and rules shall include provision about the registration and declaration of the interests of the Water Commissioner.

(4)The Water Commissioner shall, within three months of the first issue of the members' model code, submit to Ministers a draft of the Water Commissioner’s code.

(5)The draft Water Commissioner’s code—

(a)shall incorporate such mandatory provisions of the members' model code as apply to the Water Commissioner;

(b)may incorporate any optional provisions of the members' model code;

(c)may include such other provisions as are consistent with that code.

(6)Ministers—

(a)may, with or without modifications made by them, approve the draft Water Commissioner’s code submitted to them;

(b)may substitute for the draft Water Commissioner’s code submitted to them a code of their own devising;

(c)shall, if the Water Commissioner fails to submit the draft code in accordance with subsection (4) above, devise the Water Commissioner’s code.

(7)Ministers shall, when approving, substituting or devising a code under subsection (6) above, have regard to the members' model code.

(8)The Water Commissioner’s code shall have effect as from such date (not earlier than its issue) as Ministers fix.

(9)The Water Commissioner shall set up, maintain and make available for public inspection a register of such interests as the Commissioner is required to register.

(10)Subsections (2) to (5) of section 7 above apply to such a register as they apply to a register set up by a devolved public body under subsection (1) of that section.

(11)The provisions of this Part of this Act except sections 19 and 21 apply in respect of the Water Commissioner’s code and the conduct of the Water Commissioner as they apply in respect of a members' code and the conduct of a member of a devolved public body.

(12)Where the members of the Commission conducting a hearing under section 17 above and this section in respect of the conduct of the Water Commissioner conclude that the Water Commissioner has contravened the Water Commissioner’s code, they shall impose one of the following sanctions—

(a)censuring, but otherwise taking no action against, the Water Commissioner;

(b)removing the Water Commissioner from office and disqualifying the Commissioner, for a period not exceeding five years, from that office.

(13)The members of the Commission, on imposing a sanction on the Water Commissioner under subsection (12)(b) above, may—

(a)where the Water Commissioner is also a councillor, disqualify the Commissioner, for a period not exceeding five years, from being, or from being nominated for election as, or from being elected, a councillor;

(b)direct that the removal from office and disqualification apply also in respect of any devolved public body of which the Commissioner is a member.