Part 1

Access to information held by Scottish public authorities

Right to information

Further power to designate Scottish public authorities
5
1
The Scottish Ministers may by order designate as a Scottish public authority for the purposes of this Act any person mentioned in subsection (2) who—
a
is neither for the time being listed in schedule 1 nor capable of being added to that schedule by order under section 4(1); and
b
is neither a public body nor the holder of any public office.
2
The persons are those who either—
a
appear to the Scottish Ministers to exercise functions of a public nature; or
b
are providing, under a contract made with a Scottish public authority, any service whose provision is a function of that authority.
3
An order under subsection (1) may designate a specified person or persons falling within a specified description.
4
An order under subsection (1) made by virtue of—
a
subsection (2)(a) must specify the functions of a public nature which appear to be exercised;
b
subsection (2)(b) must specify the service being provided.
5
Before making an order under subsection (1), the Scottish Ministers must consult—
a
every person to whom the order relates; or
b
persons appearing to them to represent such persons.