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—
a
consult—
i
every person to whom the order relates, or
ii
persons appearing to them to represent such persons, and
b
also consult such other persons as they consider appropriate.
S. 5(5) substituted (31.5.2013) by Freedom of Information (Amendment) (Scotland) Act 2013 (asp 2), ss. 1(1), 7; S.S.I. 2013/136, art. 2