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Cases

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 has made and any interim suspensions in place.

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 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 use 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 their 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 1 October 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.  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.

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 here.

Downloads
Hearing Process Guide and Rules 2019

Hearing Process Guide and Rules 2019

2019 v1.2
1st October 2019

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Hearing Process Guide and Rules Flowchart

Hearing Process Guide and Rules Flowchart

2019 v1.0
23rd April 2019

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Guidance on the Relevancy of Evidence at Hearings

Guidance on the Relevancy of Evidence at Hearings

2019 v1.0
5th March 2019

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Policy on the Application of Sanctions

Policy on the Application of Sanctions

Ver 3.0
27th June 2019

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Guidance for Unrepresented Respondents

Guidance for Unrepresented Respondents

2019 v1.1
6th March 2019

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Guidance Note for Witnesses

Guidance Note for Witnesses

2019 V1.1
8th November 2019

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Abbreviated Hearing Process

Abbreviated Hearing Process

Version 2019 v1.0
5th March 2019

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Section 19(6) Policy - Imposing a suspension on a member of a devolved public body

Section 19(6) Policy - Imposing a suspension on a member of a devolved public body

Version 2019 v1
7th May 2019

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Hearings in Private Procedures

Hearings in Private Procedures

Version 1.1
5th March 2019

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Hearing Process Guide and Rules 2019

Hearing Process Guide and Rules 2019

2019 V1.1
26th June 2019

Download PDF