Commissioner for Children and Young People (Scotland) Act 2003

SCHEDULE 1SThe Commissioner for Children and Young People in Scotland

(introduced by section 1)

StatusS

1(1)Neither the Commissioner nor any member of the Commissioner’s staff is to be regarded as a servant or agent of the Crown or as having any status, immunity or privilege of the Crown.S

(2)The Commissioner’s property is not to be regarded as property of, or property held on behalf of, the Crown.

[F1(3)The Commissioner is, as such, to be regarded as a juristic person distinct from the natural person holding the office.]

IndependenceS

2(1)The Commissioner is not, except as provided in the provisions of this Act listed in sub-paragraph (2), subject to the direction or control of—S

(a)any member of the Parliament;

(b)any member of the Scottish Executive; or

(c)the Parliamentary corporation.

(2)The listed provisions are sections 2(3)[F2, 3(1)(b) and 10(4) and paragraphs 4, 6(2A) and (3), 6A, 7, 7A, 7B(3), 9A] and 10 of this schedule and paragraph 8 of schedule 2.

Validity of actingsS

3SThe validity of any actings of the Commissioner is not affected by—

(a)any defect in the nomination by the Parliament for the Commissioner’s appointment; or

(b)any disqualification from appointment as Commissioner.

Remuneration and terms of appointmentS

4(1)The Commissioner is entitled to—S

(a)a salary of such amount; and

(b)such allowances,

as the Parliamentary corporation may determine.

[F3(1A)The Commissioner ceases to hold office as Commissioner on becoming—

(a)a member of the Parliament,

(b)a member of the House of Commons, or

(c)a member of the European Parliament.]

(2)The appointment of the Commissioner is otherwise on such terms [F4and conditions] as the Parliamentary corporation may determine.

[F5(3)The terms and conditions may, without prejudice to section 2(2) or sub-paragraph (1A) of this paragraph—

(a)prohibit the Commissioner from holding any other specified office, employment or appointment or engaging in any other specified occupation,

(b)provide that the Commissioner's holding of any such office, employment or appointment or engagement in any such occupation is subject to the approval of the Parliamentary corporation.

(4)In sub-paragraph (3)(b), “specified” means specified in the terms and conditions or within a description so specified.]

Pensions etcS

5(1)The Parliamentary corporation may make arrangements for the payment of pensions, allowances and gratuities to, or in respect of, any person who has ceased to hold the office of Commissioner.S

(2)The Parliamentary corporation may, in particular—

(a)make contributions or payments towards provision for such pensions, allowances or gratuities; and

(b)establish and administer one or more pension schemes.

[F6Subsequent appointments etc.S

5A(1)A person who has ceased being the Commissioner (“the former Commissioner”) may not, without the approval of the Parliamentary corporation—S

(a)be employed or appointed in any other capacity by the Commissioner,

(b)be an employee or appointee of—

(i)any person in relation to whom, or

(ii)any body in relation to which,

an investigation under this Act has been carried out or continued by the former Commissioner when Commissioner, or hold office in any such body, or

(c)hold any other office, employment or appointment or engage in any other occupation, being an office, employment, appointment or occupation which, by virtue of paragraph 4(3)(a), that former Commissioner could not have held or, as the case may be, engaged in when Commissioner.

(2)The restriction in sub-paragraph (1)—

(a)starts when the person ceases to be the Commissioner, and

(b)ends on the expiry of the financial year next following the one in which it started.]

General powersS

6(1)The Commissioner has a general power to do anything necessary or expedient for the purposes of, or in connection with, the exercise of the Commissioner’s functions.S

(2)In particular, the Commissioner may enter into contracts and acquire and dispose of [F7land and other] property.

[F8(2A)The exercise of the power to acquire or dispose of land is subject to the approval of the Parliamentary corporation.]

(3)The Commissioner may [F9determine and charge reasonable sums for anything done or provided by the Commissioner in the performance of, or in connection with, the Commissioner's functions.]

[F10(3A)Any sums received by the Commissioner by virtue of sub-paragraph (3) are to be retained by the Commissioner and applied to meet expenditure incurred in doing or providing whatever is charged for.]

F11(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12Location of officeS

6ASThe Commissioner must comply with any direction given by the Parliamentary corporation as to the location of the Commissioner's office.]

StaffS

7(1)The Commissioner may, with the consent of the Parliamentary corporation as to numbers, appoint staff to assist in carrying out the Commissioner’s functions.S

(2)The Commissioner may, with the consent of the Parliamentary corporation, determine the terms [F13and conditions] of appointment of such staff, including arrangements for the payment of pensions, allowances or gratuities to, or in respect of, any person who has ceased to be a member of staff of the Commissioner.

[F14Sharing of premises, staff, services and other resourcesS

7ASThe Commissioner must comply with any direction given by the Parliamentary corporation as to the sharing of premises, staff, services or other resources with any other officeholder or any public body.

Advisers and other servicesS

7B(1)The Commissioner may obtain advice, assistance or any other service from any person who, in the opinion of the Commissioner, is qualified to give it.S

(2)The Commissioner may pay to that person such fees and allowances as the Commissioner determines.

(3)Any payment under sub-paragraph (2) is subject to the approval of the Parliamentary corporation.]

Delegation of authorityS

8SThe Commissioner may authorise any person to exercise functions on behalf of the Commissioner to the extent specified in the authorisation, but any such delegation of authority does not affect the responsibility of the Commissioner for the exercise of the functions.

Financial provisionS

9 [F15(1)] The Parliamentary corporation is to pay—S

(a)the salary and allowances of the Commissioner; and

(b)any expenses properly incurred by the Commissioner in the exercise of the Commissioner’s functions

[F16so far as not met out of sums received and applied by the Commissioner under paragraph 6(3A)].

[F17(2)Sub-paragraph (1)(b) does not require the Parliamentary corporation to pay any expenses incurred by the Commissioner which exceed or are otherwise not covered by a budget or, as the case may be, revised budget approved under paragraph 9A.

(3)However, the Parliamentary corporation may pay those expenses.

(4)The Parliamentary corporation is to indemnify the Commissioner in respect of any liabilities incurred by the Commissioner in the exercise of the Commissioner's functions.]

[F18BudgetS

9A(1)The Commissioner must, before the start of each financial year, prepare proposals for the Commissioner's use of resources and expenditure during the year (a “budget”) and, by such date as the Parliamentary corporation determines, send the budget to the Parliamentary corporation for approval.S

(2)The Commissioner may, in the course of a financial year, prepare a revised budget for the remainder of the year and send it to the Parliamentary corporation for approval.

(3)In preparing a budget or revised budget, the Commissioner must ensure that the resources of the Commissioner will be used economically, efficiently and effectively.

(4)A budget or revised budget must contain a statement that the Commissioner has complied with the duty under sub-paragraph (3).]

Accountable officerS

10(1)The Parliamentary corporation is to designate the Commissioner or a member of the Commissioner’s staff as the accountable officer for the purposes of this paragraph.S

(2)The functions of the accountable officer are—

(a)signing the accounts of the expenditure and receipts of the Commissioner;

(b)ensuring the propriety and regularity of the finances of the Commissioner;

(c)ensuring that the resources of the Commissioner are used economically, efficiently and effectively; and

(d)where the accountable officer is not the Commissioner, the duty set out in sub-paragraph (4).

(3)The accountable officer is answerable to the Parliament for the exercise of those functions.

(4)The duty referred to in sub-paragraph (2)(d) is a duty, where the accountable officer is required to act in some way but considers that to do so would be inconsistent with the proper performance of the functions specified in sub-paragraph (2)(a) to (c), to—

(a)obtain written authority from the Commissioner before taking the action; and

(b)send a copy of that authority as soon as possible to the Auditor General for Scotland.

Accounts and auditS

11(1)The Commissioner must keep proper accounts at all times and prepare annual accounts in respect of each financial year.S

(2)The Commissioner must send a copy of the annual accounts to the Auditor General for Scotland for auditing.

(3)The financial year of the Commissioner is—

(a)the period beginning with the date on which the first Commissioner is appointed and ending with the 31st of March next following that date; and

(b)each successive period of twelve months ending with the 31st of March.

(4)If requested by any person, the Commissioner must make available at any reasonable time, and without charge, in printed or electronic form, the audited accounts, so that they may be inspected by that person.

Appointment of acting CommissionerS

12(1)Where there is no Commissioner for the time being, or the Commissioner is unable to act, the Parliamentary corporation may appoint a person (whether or not a member of the Commissioner’s staff) to discharge the Commissioner’s functions until a new Commissioner is appointed or the Commissioner is again able to act; and a person so appointed is referred to in this Act as the “acting Commissioner”.S

(2)A person who is disqualified from appointment as the Commissioner is also disqualified from appointment as acting Commissioner.

(3)While holding office as such, the acting Commissioner is governed by the provisions of this Act, other than paragraphs 3(a) and 5 of this schedule, applying to the Commissioner.