SCHEDULE 2 Listed authorities

(introduced by section 3)

Part 1 Entries not amendable by Order in Council

Scottish Parliament and Scottish Administration

1

The Parliamentary corporation.

2

Any member of the Scottish Executive.

3

Any other office-holder in the Scottish Administration.

Health service

4

Any health service body, that is to say—

(a)

any Health Board,

(b)

any Special Health Board,

(c)

any National Health Service trust,

(d)

the Common Services Agency for the Scottish Health Service,

(e)

the Scottish Dental Practice Board,

(f)

the Mental Welfare Commission for Scotland.

F1(g)

Healthcare Improvement Scotland

5

Any person who is, or was at the time of the matter complained of, a family health service provider, that is to say—

F2(a)

a person (whether an individual or a body) providing primary medical services under a general medical services contract (within the meaning of the National Health Service (Scotland) Act 1978) or general dental services under Part II of that Act,

(b)

a person (whether an individual or a body) undertaking to provide in Scotland general ophthalmic services or pharmaceutical services under that Part of that Act, or

(c)

an individual performing in Scotland F3primary medical services or personal dental services in accordance with—

(i)

arrangements made under section 17C of that Act, or

(ii)

a pilot scheme under Part I of the National Health Service (Primary Care) Act 1997 (c.46),

(except as an employee of, or otherwise on behalf of, a health service body or an independent provider).

6

Any person who is, or was at the time of the matter complained of, an independent provider, that is to say a person (whether an individual or a body)—

(a)

providing services of any kind in Scotland under arrangements with a health service body or family health service provider, and

(b)

not being a health service body or a family health service provider.

Local government etc.

7

Any local authority.

8

Any committee, joint committee or joint board the members of which, other than ex officio members, are appointed by one or more local authorities.

9

Any person who, by virtue of section 56(1) of the Local Government (Scotland) Act 1973 (c.65), discharges any of the functions of a local authority.

10

Any licensing board F4continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005 (asp 16) .

11

The Strathclyde Passenger Transport Authority.

F511A

Any Transport Partnership created under the Transport (Scotland) Act 2005 (asp 12)

12

Any National Park authority.

F613

The Scottish Fire and Rescue Service.

F714

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

Any Children’s Panel Advisory Committee formed under paragraph 3, or joint advisory committee formed under paragraph 8, of Schedule 1 to the Children (Scotland) Act 1995 (c.36).

16

Any joint committee, for the administration of superannuation schemes for persons employed in local government service or teachers, established by regulations under section 7 or 9 of the Superannuation Act 1972 (c.11) respectively.

F816A

Scottish Water.

Housing

17

Any person who is, or was at the time of the matter complained of, a registered social landlord.

F9Prisons

17A

Any person who is, or was at the time of the matter complained of—

(a)

the governor of a prison appointed under section 3 of the Prisons (Scotland) Act 1989 (c. 45),

(b)

a medical officer of a prison appointed under section 3A or (if appointed before 1 January 1998) section 3(1) of that Act, or

(c)

in relation to a contracted out prison (within the meaning of section 106(4) of the Criminal Justice and Public Order Act 1994 (c. 33)—

(i)

the director appointed under section 107(1) of that Act, or

(ii)

a registered medical practitioner or other person providing appropriate medical services under section 107(6) of that Act,

(but only to the extent that the action taken by or on behalf of that person is not a matter liable to investigation under this Act by virtue of paragraph 2 of this schedule).

Part 2 Entries amendable by Order in Council

Scottish public authorities

18

The Accounts Commission for Scotland.

19

Audit Scotland.

20

The Auditor General for Scotland.

20A

F10Bòrd na Gàidhlig

F1120B

The British Waterways Board.

F1221

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1321ZZA

 Children’s Hearings Scotland.

F1421ZA

The Commissioner for Ethical Standards in Public Life in Scotland in the performance of the Commissioner’s functions under the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7) and the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4).

F1521A

A community justice authority.

F1621B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1721ZC

The Convener of the School Closure Review Panels.

F1821C

Creative Scotland.

22

The Crofters Commission.

F1922A

Food Standards Scotland.

F2023

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2124

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

Highlands and Islands Enterprise.

F2225ZA

Historic Environment Scotland.

F2325ZB

 ILF Scotland.

F2425ZC

An integration joint board established by order under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014.

F2525A

The Judicial Appointments Board for Scotland.

26

Learning and Teaching Scotland.

27

Any local enterprise company, that is to say any company ( F26as defined in section 1(1) of the Companies Act 2006 )—

(a)

which is a wholly owned subsidiary ( F27as defined in section 1159 of that Act ) of Scottish Enterprise or Highlands and Islands Enterprise, and

(b)

with which an agreement (not being one which has terminated) has been made in pursuance of section 19 of the Enterprise and New Towns (Scotland) Act 1990 (c.35) by Scottish Enterprise or Highlands and Islands Enterprise for the discharge by that company of any of the functions of Scottish Enterprise or, as the case may be, Highlands and Islands Enterprise.

28

The Local Government Boundary Commission for Scotland.

F2828A

 The National Convener of Children’s Hearings Scotland.

29

The Board of Trustees for the National Galleries of Scotland.

30

F29The National Library of Scotland .

31

The Board of Trustees of the National Museums of Scotland.

32

The Parole Board for Scotland.

F3032A

The Police Investigations and Review Commissioner.

F3132AA

 The Principal Reporter.

F3232B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3332C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

The Board of Trustees of the Royal Botanic Garden, Edinburgh.

F3434

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35

The Scottish Agricultural Wages Board.

F3536

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

The Scottish Children’s Reporter Administration.

F3637B

The Scottish Commission for Human Rights.

F3738

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39

Scottish Enterprise.

40

The Scottish Environment Protection Agency.

F3840A

The Scottish Further and Higher Education Funding Council.

F3941

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42

The Scottish Further Education Unit.

F4043

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4144

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45

The Scottish Hospital Endowments Research Trust.

F4245A

The Scottish Information Commissioner.

46

The Scottish Legal Aid Board.

F4347

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48

Scottish Natural Heritage.

49

The Scottish Qualifications Authority.

F4450

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4550A

The Scottish Sentencing Council.

51

The Scottish Social Services Council.

52

The Scottish Sports Council.

F4652A

Social Care and Social Work Improvement Scotland.

53

The Scottish Tourist Board.

54

The Standards Commission for Scotland.

F4754A

VisitScotland.

55

The Water Industry F48Commission for Scotland.

56

Any holder of an office—

(a)

established by or under any enactment, and

(b)

appointments to, or designations of, which are made by a listed authority mentioned in paragraph 7 or 8 of Part 1 of this schedule.

Cross-border public authorities

57

British Library Board.

58

British Potato Council.

59

British Tourist Authority.

60

British Wool Marketing Board.

61

Central Bureau for Educational Visits and Exchanges.

F4962

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63

Community Development Foundation.

64

Construction Industry Training Board.

F5065

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5166

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

67

The Criminal Injuries Compensation Authority.

68

Design Council.

69

Engineering Construction Industry Training Board.

F5270

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

71

Forestry Commissioners.

72

Home-Grown Cereals Authority.

73

Horticultural Development Council.

74

Intervention Board for Agricultural Produce.

75

Joint Nature Conservation Committee.

76

The licensing authority designated under section 1(1) of the Activity Centres (Young Persons’ Safety) Act 1995 (c.15).

77

Meat and Livestock Commission.

78

Milk Development Council.

F5379

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5480

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5581

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5682

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

83

Scottish Consumer Council.

84

Sea Fish Industry Authority.

85

The Theatres Trust.

86

F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:
Amendments (Textual)

F57Sch. 2 Pt. 2: entry relating to "Traffic Commisioner for the Scottish Traffic Area" omitted (23.10.2002) by virtue of S.S.I. 2002/468, art. 2

87

The Trustees of the National Heritage Memorial Fund.

88

United Kingdom Sports Council.

89

Unrelated Live Transplant Regulatory Authority.

F58Other bodies

F5990

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6091

The Security Industry Authority.

F6191A

The Statistics Board.

F6291B

The Committee on Climate Change.

F6391BA

The Electoral Commission.

F6491C

Architecture and Design Scotland

F65Part 3Other entries amendable by Order in Council

Further and Higher Education

92

(1)

Any fundable body within the meaning of the Further and Higher Education (Scotland) Act 2005 (asp 6) F66and any college of further education which is assigned to such a fundable body by order made under section 7C(1) of that Act.

(2)

Sub-paragraph (1) does not include the Open University (so far as it is a fundable body).

93

The Scottish Agricultural College.