5Further 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.
(5)Before making an order under subsection (1), the Scottish Ministers must consult—
(a)every person to whom the order relates; or
(b)persons appearing to them to represent such persons.