Hearing Rules

Hearing Rules and Guidance 

The Hearing Process Guide and Rules (Hearing Rules) applies when the Standards Commission, after receiving a report from the Ethical Standards Commissioner (ESC), decides to hold a Hearing. 

Section 16 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (the 2000 Act) gives the Standards Commission the power to hold a Hearing. Section 17 of the 2000 Act enables the Standards Commission to decide what procedures to follow at any Hearing.  

Members of the Standards Commission agree the content of the Hearing Rules. The aim of the Hearing Rules is to ensure that Hearings are managed fairly, efficiently and in an open and transparent manner.  

The Hearing Rules state the actions the Standards Commission will take after a decision is made to hold a Hearing. They also outline the procedures to be followed by anyone who attends a Hearing. This includes:

• Members and staff of the Standards Commission (including the Hearing Panel itself)
• The Respondent (being the individual who is the subject of the complaint) and any representative they appoint
• The ESC or any representative appointed
• Any witnesses
• Any members of the public or press in attendance

The Standards Commission reviews the Hearing Rules on a regular basis to ensure they remain fit for purpose. The current version is the Hearing Process Guide & Rules 2023 v1, which applies to Hearings arranged in respect of cases received after 14 April 2023. This version includes a flowchart which provides an overview of the Hearing process.  

A Hearing Panel may also dispense with or vary any requirement of the Hearing Rules, other than those set by the 2000 Act, where it appears to the Hearing Panel it would be fair and just to do so.

A Note outlining how Hearing Panels of the Standards Commission make decisions (in terms of consensus or majority) on whether or not there has been a breach of a Code of Conduct by the Respondent and, if so, what action should be imposed can be found in our Note on Decision Making at Hearings, which is available to download as a pdf.

Relevancy of Evidence at Hearings

The Standards Commission has produced Guidance on the Relevancy of Evidence at Hearings. This guidance may be of assistance if you have been asked to appear before a Hearing Panel either as the Respondent or as a witness.

Sanctions

Section 19 of the 2000 Act obliges the Standards Commission to impose a sanction if a Hearing Panel has found there has been a contravention of a Code of Conduct at a Hearing. The sanctions available to the Hearing Panel are to censure, suspend or disqualify the Respondent. A policy outlining the factors the Hearing Panel will consider when making a decision on the sanction to be imposed can be found in our Application of Sanctions Policy, which is available to download as a pdf and is also in the table below.

Section 19(6) provides that the Standards Commission may, on imposing a suspension on a member of a devolved public body, direct that any remuneration or allowance deriving from membership of the body that would be payable to the member, not be paid or reduced. A policy outlining the factors that a Hearing Panel of the Standards Commission will consider when deciding whether or not to make a direction under Section 19(6) can be found in our Section 19(6) Policy, which is available to download as a pdf and is also in the table below.

The Standards Commission has produced Suspension Guidance to provide clarity on the extent of the activities in which a councillor can engage while they are subject to a period of full suspension (either on the finding of a breach of the Councillors’ Code of Conduct at a Hearing or as an interim measure while an investigation about their conduct is ongoing). 

If you have any questions about the procedures to be followed at a Hearing, please do not hesitate to contact us. 

Unrepresented Respondents

The Standards Commission understands that being the subject of a Hearing can be daunting, particularly for Respondents who are not represented. We have, therefore, produced Guidance on Hearings for Respondents who are not represented. This is intended to assist them in understanding the format of the Hearing and how it will be conducted. Information can be found in our Guidance on Hearings for Unrepresented Respondents, which is available to download as a pdf and is also in the table below.

Hearings in Private

The Hearing Rules state that Standards Commission Hearings will be held in public unless the Hearing Panel determines the Hearing, or part of it, will be held in private. A document outlining how the Standards Commission makes any decision under the Rules to hold a Hearing, or part of it, in private; and the procedures it will follow in doing so can be found in our Hearings in Private Procedures, which is available to download as a pdf. The document also outlines the factors the Standards Commission will consider in making such a determination.

Appearing as a Witness at a Standards Commission Hearing

A guidance note outlining what you can expect at a Standards Commission Hearing if you have been asked to appear as a witness for either the Ethical Standards Commissioner or a Respondent can be found in our Guidance for Witnesses, which is available to download as a pdf and is also in the table below.

Impact Statements

In cases where the Standards Commission has found a breach of the respect or bullying and harassment provisions in a Code of Conduct, it may consider any impact statement received from someone affected by the Respondent’s conduct, when determining the sanction to be applied. In doing so, the Standards Commission will be mindful of, and will take into account, the fact that the information in any such a statement has not been given under oath or tested. If you have been affected by a Respondent’s alleged breach of the respect or bullying and harassment provisions in any of the scheduled cases and wish to provide an impact statement, please contact the Standards Commission.

Adjournments

The Standards Commission’s Hearing Rules provide that a Hearing Panel may, at its own discretion or on the application of any of the parties, postpone or adjourn a Hearing. The Rules state that before any postponement or adjournment is granted, the Hearing Panel will consider:

(a) the public interest in the expeditious disposal of the case; and
(b) any inconvenience or prejudice to the parties and to witnesses.

The Standards Commission has produced a policy which aims to provide guidance and clarity on the factors a Panel may take into account when exercising their discretion in terms of (a) and (b) above, and in determining whether to grant an adjournment. The policy on Hearing Adjournment Requests is available to download as a pdf and is also in the table below.

Downloads
	Hearing Process Guide and Rules 2023 v1.0 applicable for cases received on or after 14/4/23 14th April 2023 Download PDF
	Hearing Process Guide and Rules 2022 v2 27th October 2022 Download PDF
	Hearing Process Guide and Rules Flowchart 2022 v1 29th September 2022 Download PDF
	Policy on the Application of Sanctions Policy on the Application of Sanctions 2024 v1 1st February 2024 Download PDF
	Guidance on the Relevancy of Evidence at Hearings 2023 v1.0 14th April 2023 Download PDF
	Guidance Note for Witnesses 2024 v1 8th April 2024 Download PDF
	Section 19(6) Policy - Imposing a suspension on a member of a devolved public body Version 2019 v1 7th May 2019 Download PDF
	Guidance for Unrepresented Respondents 2024 v1 5th February 2024 Download PDF
	Abbreviated Hearing Process Version 2020 v1.0 26th November 2020 Download PDF
	Hearings in Private Procedures Version 2020 v1.0 26th November 2020 Download PDF
	Impact Statement Form Version 2.0 14th August 2023 Download PDF
	Policy on Hearing Adjournment Requests Version 2021 v1.0 28th April 2021 Download PDF