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Scottish Parliamentary Standards Commissioner Act 2002

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This is the original version (as it was originally enacted).

9Report

This section has no associated Explanatory Notes

(1)At the conclusion of an investigation into a complaint at Stage 2, the Commissioner shall make a report to the Parliament upon the outcome of the investigation.

(2)The report shall include—

(a)details of the complaint;

(b)details of the investigation carried out by the Commissioner;

(c)the facts found by the Commissioner in relation to whether the member of the Parliament concerned (whether or not named in the complaint) has committed the conduct complained about;

(d)the conclusion reached by the Commissioner as to whether that member has, as a result of that conduct, breached the relevant provision or provisions identified by the Commissioner for the purposes of the first test and the reasons for that view,

but shall not express any view upon what sanction would be appropriate for any breach.

(3)No report concluding that a member of the Parliament, who is named in the report, has breached a relevant provision shall be made to the Parliament unless the member concerned has been given a copy of the draft report and an opportunity to make representations on the alleged breach and on the draft report; and there shall be annexed to the report made to the Parliament any representations made by that member which are not given effect to in that report.

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