Search Legislation

Public Services Reform (Scotland) Act 2010

Status:

This is the original version (as it was originally enacted).

14Public functions: efficiency, effectiveness and economy

This section has no associated Explanatory Notes

(1)The Scottish Ministers may by order make any provision which they consider would improve the exercise of public functions, having regard to—

(a)efficiency,

(b)effectiveness, and

(c)economy.

(2)In subsection (1), “public functions” are functions of the persons, bodies and office-holders listed in schedule 5, subject to any limitations specified in that schedule.

(3)The provision that may be made under subsection (1) includes provision—

(a)modifying, conferring, abolishing, transferring, or providing for the delegation of, any function,

(b)amending the constitution of a person, body or office-holder listed in schedule 5 other than—

(i)the Scottish Ministers,

(ii)the Scottish Court Service,

(iii)a cross-border public authority,

(iv)a person listed by virtue of section 15(5)(e), or

(v)a company (within the meaning of the Companies Act 2006 (c. 46)),

(c)creating—

(i)a person, body or office-holder on which functions are conferred,

(ii)a person, body or office-holder to which functions (modified or otherwise) are transferred or may be delegated.

(4)For the purposes of subsection (3)(b)(ii), the constitution of the Scottish Court Service is as set out in schedule 3 to the Judiciary and Courts (Scotland) Act 2008 (asp 6).

(5)The transfer or delegation referred to in subsection (3)(a) must be a transfer or delegation to—

(a)a person, body or office-holder listed in schedule 5,

(b)a person, body or office-holder created in pursuance of subsection (3)(c), or

(c)a local authority (meaning a council constituted by section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39)).

(6)An order under this section containing provision creating a person, body or office-holder in pursuance of subsection (3)(c)—

(a)must include provision adding that person, body or office-holder to schedule 5,

(b)may include provision adding that person, body or office-holder to schedule 6,

(c)may specify the extent to which any functions are to be public functions for the purposes of subsection (1).

(7)An order under this section may—

(a)modify any enactment, instrument or other document,

(b)contain such consequential, incidental, transitional, transitory or saving provision as the Scottish Ministers consider appropriate.

(8)An order under this section may include provision dissolving any person, body or office-holder listed in schedule 5, other than those listed in subsection (3)(b)(i) to (v), but only if the person, body or office-holder has, or will have by virtue of the order, no exercisable functions.

(9)An order under this section may bind the Crown.

(10)An order under this section must be made in accordance with this Part.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources