Public Services Reform (Scotland) Act 2010

17 Power to remove or reduce burdens

(1) The Scottish Ministers may by order make any provision which they consider would remove or reduce any burden, or the overall burdens, resulting directly or indirectly for any person from any legislation.

(2) In this section “burden” means any of the following—

(a) a financial cost,

(b) an administrative inconvenience,

(c) an obstacle to best regulatory practice,

(d) an obstacle to efficiency, productivity or profitability, or

(e) a sanction, criminal or otherwise, which affects the carrying on of any lawful activity.

(3) For the purposes of subsection (1), a financial cost or administrative inconvenience may result from the form of any legislation (for example, where the legislation is hard to understand).

(4) For the purposes of subsection (2)(c), “best regulatory practice” means practice under which (in particular) regulatory activities should be—

(a) carried out in a way that is transparent, accountable, proportionate and consistent,

(b) targeted only at such cases as require action.

(5) In this section “legislation” means any of the following or a provision of any of the following—

(a) a public general or local Act of Parliament (whenever passed) or an Act of the Scottish Parliament (whenever passed), or

(b) any Order in Council, order, rules, regulations, scheme, warrant, byelaw or other subordinate instrument made at any time under an Act referred to in paragraph (a).

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

(a) abolishing, conferring or transferring, or providing for the delegation of, functions of any description,

(b) creating a body or office.

(7) An order under this section may not amend the constitution of the Scottish Court Service.

(8) For the purposes of subsection (7), the constitution of the Scottish Court Service is as set out in schedule 3 to the Judiciary and Courts (Scotland) Act 2008.

(9) An order under this section may—

(a) modify any enactment,

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

(10) An order under this section may include provision dissolving any body or office, other than those listed in section 14(3)(b)(i) to (v), but only if the body or office has, or will have by virtue of the order, no exercisable functions.

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

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