Public Services Reform (Scotland) Act 2010

Deregulation and Contracting Out Act 1994 (c. 40)

1 (1) The Deregulation and Contracting Out Act 1994 is amended as follows.

(2) Sections 1 to 5 and Schedule 1 are repealed.

(3) In section 6 (model provisions with respect to appeals), in subsection (7)—

(a) in the definition of “enactment”—

(i) the word “and” is omitted,

(ii) at the end insert “, an enactment contained in an Act of the Scottish Parliament (whenever passed) and an enactment contained in an instrument made under an Act of the Scottish Parliament (whenever made)”,

(b) for the definition of “enforcement action” substitute—

• ““enforcement action” means—

  (a)

  in relation to any restriction, requirement or condition, any action taken with a view to or in connection with imposing any sanction (whether criminal or otherwise) for failure to observe or comply with it; and

  (b)

  in relation to a restriction, requirement or condition relating to the grant or renewal of licences, includes any refusal to grant, renew or vary a licence, the imposition of any condition on the grant or renewal of a licence and any variation or revocation of a licence;”,

(c) for the definition of “interested person” substitute—

• ““interested person” means—

  (a)

  the person against whom enforcement action may be or has been taken;

  (b)

  any other person who will or may be required to meet, or to make a significant contribution towards, the cost of observing the restriction or complying with the requirement or condition; or

  (c)

  where the enforcement action which may be or has been taken relates specifically to goods or services which are to be or have been supplied by a person other than the one against whom enforcement action may be or has been taken, that person;”.

(4) Sub-paragraph (2) does not affect the continuation in force of any order under section 1 of that Act which was made on or before the day on which that sub-paragraph comes into force.