Application of public bodies legislation
Ethical Standards in Public Life etc. (Scotland) Act 2000
334.Paragraph 18 of schedule 1 adds Redress Scotland to the list of devolved public bodies in schedule 3 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (“the Ethical Standards Act”). This means that Redress Scotland will need to:
have a code of conduct for its members, whose compliance with the code will be policed by the Standards Commission for Scotland (see sections 3 and 9 of the Ethical Standards Act), and
maintain a public register of its members’ interests (see section 7 of the Ethical Standards Act).
Scottish Public Services Ombudsman Act 2002
335.Paragraph 19 of schedule 1 adds Redress Scotland to the list of authorities in schedule 2 of the Scottish Public Services Ombudsman Act 2002 (“the 2002 Act”). The effect is to:
make Redress Scotland amenable to investigation by the ombudsman (see section 5 of the 2002 Act),
oblige it to have its own complaints handling procedure that complies with the statement of principles published by the ombudsman under section 16A of the 2002 Act,
permit it to be made subject to the further requirement to have a complaints handling procedure that complies with a model complaints handling procedure prepared by the ombudsman (see sections 16B and 16C of the 2002 Act).
Freedom of Information (Scotland) Act 2002
336.Paragraph 20 of schedule 1 adds Redress Scotland to the list of Scottish public authorities in schedule 1 of the Freedom of Information (Scotland) Act 2002 (“FOISA”). This means that Redress Scotland will be subject to the requirements that Act places on public bodies, including requirements to provide certain information to the public on request and to have in place a scheme for the pro-active publication of information it holds.
337.Being a public authority within the meaning of FOISA also makes Redress Scotland a “Scottish public authority” to which the Environmental Information (Scotland) Regulations 2004 apply.
338.In addition, as a public authority within the meaning of FOISA, Redress Scotland is a “public authority” or “public body” for the purposes of the General Data Protection Regulation by virtue of section 7 of the Data Protection Act 2018 (subject to the Secretary of State not making regulations under that section to remove its “public authority” status). The General Data Protection Regulation (also commonly referred to by the acronym “GDPR”) is Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. There are particular rules applied to bodies classified as “public authorities” (over and above those applied to all data processors) in the GDPR and the Data Protection Act 2018. An analysis of those rules is beyond the scope of these Notes.
339.Further, being a public authority within the meaning of FOISA makes Redress Scotland subject to the duties imposed by section 44 of the Climate Change (Scotland) Act 2009 and, as such, liable to monitoring and investigation under Part 4 of that Act.
Public Services Reform (Scotland) Act 2010
340.Paragraph 21(a) of schedule 2 adds Redress Scotland to the list of bodies in schedule 5 of the Public Services Reform (Scotland) Act 2010 (“the 2010 Act”). This means that it is a body in relation to which an order can be made under section 14 of the 2010 Act. Such an order can (subject to restrictions, and only after the Scottish Parliament has approved a draft of the order):
modify, confer, abolish, transfer or provide for the delegation of any function of a public body,
amend the constitution of a public body.
341.Paragraph 21(b) adds Redress Scotland to the list of bodies in schedule 8 of the 2010 Act. This means that Redress Scotland will be subject to the duties to report after each financial year on:
expenditure (see section 31 of the 2010 Act), and
the steps it has taken to promote and increase sustainable growth and improve its efficiency, effectiveness and economy (see section 32 of the 2010 Act).
Public Records (Scotland) Act 2011
342.Paragraph 22 of schedule 1 adds Redress Scotland to the schedule of the Public Records (Scotland) Act 2011 and thereby makes it subject to the duties created by that Act to produce, implement and keep under review a records management plan.
Procurement Reform (Scotland) Act 2014
343.Paragraph 23 of schedule 1 makes Redress Scotland subject to the procurement rules applicable to contracting authorities in the Procurement Reform (Scotland) Act 2014.
Gender Representation on Public Boards (Scotland) Act 2018
344.Paragraph 24 of schedule 1 adds Redress Scotland to the list of bodies in schedule 1 of the Gender Representation on Public Boards (Scotland) Act 2018 (“the 2018 Act”). This means that in appointing members to Redress Scotland, the Scottish Ministers must give preference to a woman if there are equally qualified candidates of either gender and appointing a woman would result in, or be a step towards, 50% of the membership being women (see section 4 of the 2018 Act). In addition, the 2018 Act requires that such steps as Ministers consider appropriate be taken to encourage women to apply to be members of Redress Scotland (see section 5 of the 2018 Act), and further steps to be taken to promote gender balance in the membership if the 50% target has not been reached by a particular date (see section 6 of the 2018 Act).
