Blog: The Ethical Standards Framework in Scotland

6th May 2026

The Ethical Standards Framework in Scotland

The existing ethical standards framework in Scotland for councillors and members of devolved public bodies, was established in 2000 by the enactment of The Ethical Standards in Public Life etc. Scotland Act 2000 (2000 Act).

The 2000 Act requires Ministers to issue, with the approval of the Scottish Parliament, Codes of Conduct for councillors and board members of devolved public bodies (which include health boards, college boards and the boards of individual public bodies). These Codes are intended to regulate behaviour and promote high ethical standards. A list of the public bodies covered by the framework can be found here.

The Codes require councillors and members to behave with courtesy and respect towards their colleagues, employees and members of the public. Councillors and members are also required, under the Codes, to register and declare relevant interests, to maintain confidentiality and to make decisions in the best interests of the public (and not of themselves, their friends and family). The Codes can be found here.

The 2000 Act, along with The Scottish Parliamentary Commissions and Commissioners etc. Act 2010 provide for two public bodies, being the Ethical Standards Commissioner (ESC) and Standards Commission. While the two organisations have similar names, they have separate and distinct roles and responsibilities.

Different roles of the Standards Commission and ESC

The role of the Standards Commission is to:

• promote the Codes of Conduct covering the behaviour of councillors and members of devolved public bodies;
• issue guidance to councils and devolved public bodies on how the Codes should be interpreted; and
• adjudicate on alleged breaches of the Codes of Conduct, and where a breach is found, to apply a sanction. The sanctions available are censure, suspension and disqualification.

The ESC, Ian Bruce, is a separate and independent officeholder, who has his own office. The ESC is responsible for investigating complaints that councillors and members of devolved public bodies have breached their respective Codes of Conduct. Any complaint that a councillor or member of a public body has breached their respective Code should be made in the first instance to the ESC. On the conclusion of his investigation, the ESC will refer the complaint to the Standards Commission to make a final decision on disposal.

The ESC also has responsibilities in respect of complaints about MSPs and in regulating and monitoring how individuals are appointed to the boards of public bodies. Further information on the ESC’s role and remit can be found at: https://www.ethicalstandards.org.uk.

So why have two separate organisations?

The separation of the investigative and adjudicatory functions ensures any concerns about fairness of process or inconsistencies between the ESC and Standards Commission as to how the Codes should be interpreted are addressed. It also ensures an independent review of decisions on complaints. This is considered to be of particular importance given a decision to uphold a complaint and suspend or disqualify an individual can have a significant impact on the individual and council or public body (and can, on some occasions, change the political composition of a Council’s Administration). Equally, a decision not to uphold a complaint can have a significant impact on any individual involved and, potentially, in the effective administration of the council or public body, particularly if poor behaviours are allowed to continue without sanction.

The separation of functions also allows any disputed evidence or representations on how provisions of Codes should be interpreted to be tested fully at a Standards Commission Hearing, where evidence is taken from witnesses on oath or affirmation, and where the participants and Panel can question and respond to submissions made.

The Standards Commission nevertheless works closely with the ESC to share and disseminate intelligence about issues that arise in respect of how the Codes should be interpreted. The Standards Commission also uses information provided by the ESC about trends in the nature and types of complaints received to strengthen its educational material and to provide targeted training sessions.