Commentary on Sections Functions Section 6: Report on the Commissioner’s functions
16.Subsection (1) of section 6 of the Act requires the Scottish Ministers to prepare, publish and lay before the Scottish Parliament a report on the Commissioner’s functions. This must be done within one year of the expiry of the period covered by the Commissioner’s first strategic plan under section 28. In preparing such a report, subsection (2) requires the Scottish Ministers to consult such persons as they consider appropriate. Subsection (3) requires the Scottish Ministers to consider whether the functions of the Commissioner remain appropriate and whether the list of bodies subject to the Commissioner’s functions and the list of bodies subject to the code of practice should be amended.
17.Following on from the first report, subsection (4) requires the Scottish Ministers to prepare, publish and lay before the Scottish Parliament within every five year period thereafter either another report or a statement as to why a report has not been prepared. If the Scottish Ministers are of the view that there is no need to prepare and publish a report then they must publish and lay before Parliament a statement setting out why they consider such a report to be unnecessary. However, that option is not available in relation to the first report provided for by subsection (1). Subsection (5) makes it clear that the requirements placed on Scottish Ministers under subsections (2) and (3) (in relation to consultation and the content of any report) apply to subsequent reports as they apply to the initial report. Subsection (6) provides the meaning of “relevant document” for the purpose of subsection (4).