Hearing Procedures, Rules and Guidance | The Standards Commission for Scotland

Hearing Procedures, Rules and Guidance | The Standards Commission for Scotland
Call:
0131 348 6666
Email:
enquiries@standardscommission.org.uk
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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. The section also contains information for individuals who are the subject of a Hearing (Respondents).
In this section
Cases - Forthcoming Hearings and Hearing Decisions
LA/AC/3199
LA/OI/3265
LA/R/2257 & LA/R/3262
LA/AC/3495
LA/PK/3477
LA/AC/3497
LA/Mo/3516
LA/D/3580
LA/AC/3600
LA/AN/3561
LA/G/3563
LA/AN/3546
LA/E/3651
LA/An/3690
LA/D/3745 & 3742
LA/S/3571
LA/SL/3558a
LA/H/3755
LA/Fi/3614
LA/Mi/3803
LA/SL/3558b
LA/NL/3705
LA/E/3645
LA/As/3780
LA/WL/3790
LA/AC/3812
LA/NA/3707
LA/H/3759
LA/WL/3698
LA/I/3764
LA/H/3838
NPA/C/3831
LA/SB/3722
LA/As/3958
LA/S/3867
LA/G/3919
LA/Fa/3929
LA/EA/3904
LA/H/3969
LA/NL/3979
LA/NL/3978
LA/Mi/4131
LA/AC/3986
LA/AB/3953
LA/H/4078
NB/CC/3976
LA/Fa/3910
LA/AC/3994
LA/As/4024
LA/An/4168
LA/NA/4086
LA/AB/4081
LA/H/4028
LA/AB/4147
LA/G/4203
NPA/LLT/4184
LA/DG/4041
LA/G/4182
LA/E/4130
NPA/LLT/4230
LA/S/4312
LA/DG/4408
LA/As/4458
Cases - No Action Decisions and Further Investigations
LA/CES/3453
LA/Mo/3469
LA/E/3504
LA/E/3517
LA/AN/3520
LA/DG/3543
LA/AB/3573
LA/Fi/3526
LA/DG/3577
LA/AC/3545
LA/AC/3592
LA/H/3515
LA/NA/3586
LA/G/3548
LA/G/3637
LA/SL/3575
LA/AB/3533
LA/E/3589
LA/DG/3514
LA/Fi/3544
LA/E/3542
LA/R/3579
LA/E/3595
NHS/ACH/3584
LA/NL/3557
LA/OI/3588
LA/AN/3631
LA/As/3629
LA/SL/3684
LA/SL/3587
LA/AN/3564
NPA/C/3612 & 3628 and LA/As/3613
LA/NL/3581
LA/Mo/3615
CSE/3748
LA/S/3641
LA/AB/3619
LA/SA/3672
LA/NL/3758
LA/R/3598
LA/E/3651a
LA/Mo/3620
LA/AC/3639
NHS/ACH/3527 & 3570
LA/SB/3654
LA/I/3688
LA/Fi/3661
LA/G/3776
LA/Fi/3646
LA/G/3606
LA/As/3686
LA/H/3778
LA/E/3653
LA/AC/3788
LA/R/3781
LA/R/3770
LA/E/3708 & 3724
LA/E/3158
LA/As/3784
LA/E/3768
LA/E/3775
LA/AC/3711
NB/NHS NS/3874
NHS/WI/3815
LA/EL/3839
LA/S/3791
LA/Fi/3740
LA/G/3818
LA/As/3827
LA/WL/3826
LA/ED/3832
LA/G/3846
LA/An/3822
LA/Mo/3857
LA/G/3816
LA/E/3865
LA/R/3886
LA/As/3852
LA/PK/3888
NPA/LLT/3892
LA/SB/3908
LA/AC/3794
LA/G/3829
LA/AC/3864a
LA/NL/3944
LA/AC/3847
LA/H/3954
LA/DG/3817
LA/AC/3864b
CSE/3793
LA/NL/3889
LA/As/3999
NB/SLCC/4022
LA/NL/3869
LA/G/3872
LA/AB/3925
LA/G/3992
LA/AN/3884
LA/R/3914
LA/E/3993b
LA/E/3993a
LA/G/4047
LA/NL/3947
LA/E/4004
LA/AB/3996
LA/NL/3921
LA/SB/4030
NB/CHS/4049
LA/EL/3911
LA/EL/4029
LA/NL/3987
LA/SA/3917
LA/H/3975
LA/H/4091
LA/E/4105
LA/AC/4056
LA/Fi/4106
LA/PK/4067
LA/SL/3905
LA/WD/4108
NHS/MIJB/4193
LA/WD/4109 and LA/WD/4118
LA/E/3961
LA/SI/4102
LA/As/4125
LA/H/3964
LA/DG/4198
LA/G/4174
LA/NL/4214
LA/An/4107
LA/AC/3990
LA/An/4044
LA/Mo/4145
LA/NL/3972
LA/NL/4187
NB/PIC/4015
LA/WL/4205
NB/CC/4135
FEC/SL/3659
LA/WL/4204
LA/G/4157
LA/S/4159
LA/Fi/4101
LA/NL/4154
LA/AB/4099
LA/As/4209
LA/NA/4080
LA/WL/4188
LA/NA/4211
LA/AC/4206
LA/I/4085
LA/H/4113
LA/EL/4051
LA/G/4160
LA/EL/4126
LA/EL/4224
LA/Fa/4202
LA/NL/4142
LA/E/4189
LA/SA/4269
LA/H/4146
LA/I/4235
LA/WL/3903
LA/SB/4302
LA/I/4270
LA/S/4221
LA/C/4271
LA/An/4295a
LA/NA/4340
LA/G/4223
NPA/LLT/4337
LA/SA/4349
LA/An/4295b
LA/SB/4431
LA/WD/4407
LA/Fa/4369
LA/Fi/4348
LA/G/4216
LA/G/4139
LA/Fi/4351
LA/H/4330
LA/R/4412
LA/H/4296
LA/ER/4374
LA/Fa/4441
LA/G/4414
LA/Fa/4317
LA/PK/4479
LA/Fi/4391
LA/AB/4402
LA/PK/4434
LA/NL/4437
LA/As/4466
LA/G/4115
LA/Fa/4395
LA/ER/4382
LA/SB/4477
LA/NA/4504
LA/AB/4373
LA/AC/4454
LA/EL/4472
LA/H/4491
Hearing Procedures, Rules and Guidance
Information for Respondents
Information for Witnesses
Cases - Interim Suspensions
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 2026 v1
, which applies to Hearings arranged in respect of cases received after 1 April 2026.
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 Rules
that outlined 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
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’s Hearing Panel 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 the event of a breach finding at a Hearing, the Panel Chair will read out the substantive contents of any impact statement provided. The Chair will do so before the Respondent makes any submissions in respect of mitigation and before any decision on sanction is made. The Hearing Panel 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
2026 v1.0 applicable for cases received on or after 01/04/26
1st April 2026
Download PDF
Hearing Process Guide and Rules
2025 v1.0 applicable for cases received on or after 26/05/25
26th May 2025
Download PDF
Policy on the Application of Sanctions
Policy on the Application of Sanctions 2026 v1
26th January 2026
Download PDF
Guidance on the Relevancy of Evidence at Hearings
2025 v1
3rd November 2025
Download PDF
Guidance Note for Witnesses
2024 v5
7th November 2024
Download PDF
Section 19(6) Policy - Imposing a suspension on a member of a devolved public body
2025 v1
20th November 2025
Download PDF
Guidance for Unrepresented Respondents
2025 v1
20th January 2025
Download PDF
Hearings in Private Procedures
Version 2020 v1.0
26th November 2020
Download PDF
Impact Statement Form
29th May 2024
Download PDF
Policy on Hearing Adjournment Requests
Version 2025 v1.0
1st August 2025
Download PDF
Suspension Rules
Version 2026 v1.0
26th January 2026
Download PDF
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EH99 1SP
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0131 348 6666
Email:
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