Hearing Rules

Hearing Process Guide and Rules

The Hearing Process Guide and Rules (Hearing Rules) applies when the Standards Commission, after receiving a report from the Commissioner for Ethical Standards in Public Life in Scotland (ESC), decides to hold a Hearing. In certain circumstances and following the agreement of parties involved in the Hearing the Standards Commission may apply an Abbreviated Hearing Process.

Section 16 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 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 agreed 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(s) (this is the name given to the person or persons who are the subject of the complaint)
• The ESC or his representative(s)
• Any witnesses
• Any members of the public or press.

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 2019, which applies to Hearings arranged in respect of cases received after 5 March 2019. This version includes a flowchart which provides an overview of the Hearing process.  The previous version of the Hearing Process Guide and Rules can be found here.  

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 here.

Relevancy of Evidence at Hearings

The Standards Commission has produced Guidance on the Relevancy of Evidence at Hearings, which can be found here.  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 Ethical Standards in Public Life etc. (Scotland) Act 2000 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 here and 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 here and also in the table below.

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.  It has, 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.  This Guidance can be found here and 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 here. The document also outlines the factors the Standards Commission will consider in making such a determination.

Downloads
	Hearing Process Guide and Rules 2019 2019 V1.0 5th March 2019	Download PDF
	Hearing Process Guide and Rules Flowchart 2019 v1.0 23rd April 2019	Download PDF
	Guidance on the Relevancy of Evidence at Hearings 2019 v1.0 5th March 2019	Download PDF
	Policy on the Application of Sanctions Ver 2.0 27th June 2017	Download PDF
	Guidance for Unrepresented Respondents 2019 v1.1 6th March 2019	Download PDF
	Abbreviated Hearing Process Version 2019 v1.0 5th March 2019	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
	Hearings in Private Procedures Version 1.1 5th March 2019	Download PDF
	Interim Suspension Pending Completion of Investigation Report Version 1 7th November 2018	Download PDF
	Hearing Process Guide and Rules 2018 Version 1.2 18th December 2018	Download PDF