Part 8Scrutiny and complaints

Duty of co-operation

114Scrutiny: duty of co-operation

1

The persons, bodies and office-holders listed in schedule 20 (the “scheduled scrutiny authorities”) must co-operate and co-ordinate activity with—

a

each other, and

b

where appropriate, the Scottish Ministers,

with a view to achieving the purpose in subsection (2).

2

That purpose is improving the exercise of the scrutiny functions of the scheduled scrutiny authorities in relation to—

a

local authorities,

b

social services, and

c

health services,

having regard to efficiency, effectiveness and economy.

3

The Scottish Ministers may by order modify the list in schedule 20 by—

a

adding a person, body or office-holder which has scrutiny functions in relation to—

i

local authorities or public services provided by them or on their behalf,

ii

social services, or

iii

health services, or

b

removing an entry.

4

Before making an order under subsection (3)(a) the Scottish Ministers must consult the person, body or office-holder in question and may consult any other person they think fit.

5

The duty in subsection (1) does not apply in so far as compliance with it would prevent or delay action by a scheduled scrutiny authority in the exercise of its scrutiny functions which the authority considers to be necessary as a matter of urgency.

6

In complying with the duty in subsection (1) the scheduled scrutiny authorities must—

a

comply with any directions given by the Scottish Ministers, and

b

have regard to any guidance provided by the Scottish Ministers.

7

Directions and guidance—

a

may be of a general or a specific nature,

b

may relate to all scheduled scrutiny authorities or to such authorities as are specified in the directions or guidance,

c

may relate to all the scrutiny functions of the authorities in question or to such of those functions as are specified in the directions or guidance.

8

The Scottish Ministers may vary or revoke any direction.

9

Before providing guidance the Scottish Ministers must consult any person they think fit.

10

In this section—

a

references to the scrutiny functions of a person, body or office-holder in relation to local authorities are to such of the functions of the person, body or office-holder as relate to the regulation, audit or inspection of—

i

local authorities, or

ii

public services provided by them or on their behalf,

b

references to the scrutiny functions of a person, body or office-holder in relation to social services or health services are to such of the functions of the person, body or office-holder as relate to the regulation, audit or inspection of those services.

11

In this section—

  • “health services” means—

    1. a

      the health service within the meaning of section 108(1) of the National Health Service (Scotland) Act 1978 (c. 29), and

    2. b

      independent health care services within the meaning of section 10F of that Act;

  • “local authorities” means councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

  • “social services” has the same meaning as in section 46 of this Act.