Part 8

Scrutiny and complaints

User focus

User focus: guidance etc.
113
1
In fulfilling its duty under subsection (1) of section 112 a listed scrutiny authority must have regard—
a
to any guidance in relation to the duty provided by the Scottish Ministers, and
b
to what are regarded as proper arrangements for the purposes of that subsection (or purposes which include those purposes).
2
Guidance provided by the Scottish Ministers may in particular include guidance on—
a
how to make, and what is to be included in, arrangements for the purposes of that subsection,
b
how to demonstrate continuous improvement in user focus.
3
Arrangements may be regarded as proper arrangements for the purposes of that subsection by reference to a generally recognised published code or otherwise.
4
Before providing guidance under this section the Scottish Ministers must consult any person they think fit.
5
If there is a conflict between guidance provided under subsection (1)(a) and proper arrangements referred to in subsection (1)(b), the guidance prevails.
6
The Scottish Ministers may require a listed scrutiny authority which does not comply with any guidance provided under subsection (1)(a) to provide a written explanation of why it has not done so; and the authority must comply with the requirement.
7
The Scottish Ministers may publish an explanation provided under subsection (6).