Part 1S[F1THE COMMISSIONER FOR ETHICAL STANDARDS IN PUBLIC LIFE IN SCOTLAND]

General functions, procedures etc. of [F2Commissioner]S

12General powersS

(1) The [F3Commissioner] may do anything which appears—

(a)necessary or expedient for the purpose of or in connection with, or

(b)conducive to,

the performance of [F4the Commissioner’s] functions or the efficiency of [F4the Commissioner’s] administration.

(2)In particular, the [F5Commissioner] may—

(a)enter into contracts,

(b)acquire and dispose of land and other property.

(3)The exercise of the power to acquire or dispose of land is subject to the approval of the Parliamentary corporation.

(4)The [F6Commissioner] may determine and charge reasonable sums for anything done or provided by [F7, or on behalf of, the Commissioner in the performance of, or in connection with, the Commissioner’s functions.]

(5)The [F8Commissioner] must retain any sums received F9... by virtue of subsection (4) and apply them to meet expenditure incurred in doing or providing whatever is charged for.

13Payment of witnesses' expensesS

The [F10Commissioner] may pay to persons giving evidence, producing documents or providing information under section 13 of the Ethical Standards Act or section 13 of the Parliamentary Standards Act such allowances or expenses as [F11the Commissioner] may, with the approval of the Parliamentary corporation, determine.

14Strategic plansS

(1)The [F12Commissioner] must, in respect of each 4 year period, lay before the Parliament a plan (referred to in this section as a “strategic plan”) setting out how the [F13Commissioner proposes to perform the Commissioner’s] functions during the 4 year period.

(2)A strategic plan must, in particular, set out—

(a)the F14... Commissioner's objectives and priorities during the 4 year period,

(b)how the [F15Commissioner proposes] to achieve them,

(c)timetables for doing so, and

(d)estimates of the costs of doing so.

(3)Before laying a strategic plan before the Parliament, the [F16Commissioner] must provide a draft of it to and invite, and (if any are given) consider, comments on it from—

(a)the Parliamentary corporation, and

(b)such other persons as the [F17Commissioner thinks] appropriate.

(4)The reference in subsection (3)(b) to other persons includes a reference to a committee of the Parliament.

(5)The [F18Commissioner] must lay each strategic plan before the Parliament not later than the beginning of the 4 year period to which the plan relates.

(6)The [F19Commissioner] must arrange for the publication of each strategic plan laid before the Parliament.

(7)The [F20Commissioner] may, at any time during a 4 year period, review the strategic plan for the period and lay a revised strategic plan before the Parliament.

(8)Subsections (2) to (7) apply to a revised strategic plan as they apply to a strategic plan.

(9)In that application, the reference in subsection (5) to the 4 year period is a reference to the period to which the revised strategic plan relates.

(10)In this section, “4 year period” means the period of four years beginning on 1 April next following the coming into force of this section and each subsequent period of four years.

15[F21Validity] of actsS

F22(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The validity of acts of [F24the] Commissioner is not affected by—

(a)any defect in the appointment of the Commissioner, or

(b)any disqualification from appointment as [F24the] Commissioner of the person bearing to be the Commissioner.

F25(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16DelegationS

F26(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Any function of [F27the Commissioner] may be performed on the Commissioner's behalf by any person (whether or not F28... a member of the [F29Commissioner’s] staff) authorised by the Commissioner to do so, and to the extent so authorised.

(4)Subsection (3) does not affect the responsibility of [F30the Commissioner] for the performance of [F31the] Commissioner's functions.