This section contains details about Hearings to be held by the Standards Commission and the procedures to be followed. It also contains information about decisions the Standards Commission have made.
How Cases are Referred to Us
All of the cases considered by the Standards Commission are received as a result of the CESPLS concluding, following the completion of an investigation into an allegation of misconduct, that a councillor or member of a devolved public body has contravened the relevant Councillors' or Members' Code of Conduct.
In those circumstances, the CESPLS will submit a report to the Standards Commission for Scotland in accordance with section 14 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 ("the Ethical Standards Act"). The Ethical Standards Act can be downloaded here.
Details of cases referred to the Standards Commission by the Commissioner for Ethical Standards in Public Life in Scotland (CESPLS) can be found under Our Cases on the left hand side menu or by clicking here.
Decision on Referral
When a report from the CESPLS is received, the Standards Commission will decide to:
- direct the CESPLS to carry out further investigations
- hold a Hearing, or
- take no action
A policy outlining the factors the Standards Commission will consider when making such a decision on a report referred by the CESPLS can be found here.
The decision made by the Standards Commission is noted in the table on the 'Our Cases' page under the heading 'Decision on Referral'.
Purpose of Hearings
The Standards Commission holds Hearings (usually in public) to determine whether a Councillor or Member (the Respondent) has breached the relevant Councillors' or the Members' Code of Conduct. The Hearing Panel comprises of three members of the Standards Commission. The CESPLS will present evidence and/or make submissions at the Hearing about why he considers the Respondent has contravened the relevant Code. The Respondent is entitled to attend or be represented at the Hearing and can also present evidence and make submissions. Both parties can call witnesses. Once it has heard all the evidence and submissions, the Hearing Panel will make a determination about whether or not it is satisfied, on the balance of probabilities, that there has been a contravention of the Code by the Respondent. If the Hearing Panel decides that a Respondent has breached the relevant Code of Conduct, it will then impose a sanction.
The table below also contains information about forthcoming Hearings and Hearings which have already taken place. This includes the name of the councillor(s) or member(s), known as the Respondent(s) and the name of their council or devolved public body. Details about the date, time and venue of the Hearing are also included, if these arrangements have been finalised.
The table also contains information about which paragraphs of the Code of Conduct the Respondent is alleged to have breached under the Heading 'Details of Breach'. The Codes of Conduct can be found here.
Details of the procedures followed at a Standards Commission's Hearing are outlined in the Hearings Process Guide and Rules, which can be accessed from the menu on the left.
The CESPLS Report
The CESPLS Report will be available on the CESPLS website from the first day of any scheduled Hearing.
Hearing Panel Decisions
The Hearing Panel's decision about whether or not there has been a breach of the Code of Conduct and, if so, what sanction is to be applied will be noted in the table below shortly after the conclusion of the Hearing.
The Hearing Panel's full written decision will be available to download from the table within 25 working days of the conclusion of the Hearing, after the parties to the Hearing have been notified of the outcome in writing.
Details of individual cases will be removed and, thereafter, deleted in line with the Standards Commission’s Document Retention Schedule, which can be downloaded by clicking here.
The Standards Commission will redact the name of a complainant from the published written decision provided the complainant is not a councillor, member of a devolved public body or MSP. This applies to all written decisions published after 26 January 2015.