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—
- a
the health service within the meaning of section 108(1) of the National Health Service (Scotland) Act 1978 (c. 29), and
- b
independent health care services within the meaning of section 10F of that Act;
- a
“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.