Part 1Access to information held by Scottish public authorities

Right to information

5 Further power to designate Scottish public authorities

1

The Scottish Ministers may by order designate as a Scottish public authority for the purposes of this Act any person mentioned in subsection (2) who—

a

is neither for the time being listed in schedule 1 nor capable of being added to that schedule by order under section 4(1); and

b

is neither a public body nor the holder of any public office.

2

The persons are those who either—

a

appear to the Scottish Ministers to exercise functions of a public nature; or

b

are providing, under a contract made with a Scottish public authority, any service whose provision is a function of that authority.

3

An order under subsection (1) may designate a specified person or persons falling within a specified description.

4

An order under subsection (1) made by virtue of—

a

subsection (2)(a) must specify the functions of a public nature which appear to be exercised;

b

subsection (2)(b) must specify the service being provided.

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Before making an order under subsection (1), the Scottish Ministers must—

a

consult—

i

every person to whom the order relates, or

ii

persons appearing to them to represent such persons, and

b

also consult such other persons as they consider appropriate.