Part 2Order-making powers

Improving the exercise of public functions

I114Public functions: efficiency, effectiveness and economy

F11

The Scottish Ministers may by order make any provision which they consider would improve the exercise of public functions, having regard to—

a

efficiency,

b

effectiveness, and

c

economy.

2

In subsection (1), “public functions” are functions of the persons, bodies and office-holders listed in schedule 5, subject to any limitations specified in that schedule.

3

The provision that may be made under subsection (1) includes provision—

a

modifying, conferring, abolishing, transferring, or providing for the delegation of, any function,

b

amending the constitution of a person, body or office-holder listed in schedule 5 other than—

i

the Scottish Ministers,

ii

the Scottish Court Service,

iii

a cross-border public authority,

iv

a person listed by virtue of section 15(5)(e), or

v

a company (within the meaning of the Companies Act 2006 (c. 46)),

c

creating—

i

a person, body or office-holder on which functions are conferred,

ii

a person, body or office-holder to which functions (modified or otherwise) are transferred or may be delegated.

4

For the purposes of subsection (3)(b)(ii), the constitution of the Scottish Court Service is as set out in schedule 3 to the Judiciary and Courts (Scotland) Act 2008 (asp 6).

5

The transfer or delegation referred to in subsection (3)(a) must be a transfer or delegation to—

a

a person, body or office-holder listed in schedule 5,

b

a person, body or office-holder created in pursuance of subsection (3)(c), or

c

a local authority (meaning a council constituted by section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39)).

6

An order under this section containing provision creating a person, body or office-holder in pursuance of subsection (3)(c)—

a

must include provision adding that person, body or office-holder to schedule 5,

b

may include provision adding that person, body or office-holder to schedule 6,

c

may specify the extent to which any functions are to be public functions for the purposes of subsection (1).

7

An order under this section may—

a

modify any enactment, instrument or other document,

b

contain such consequential, incidental, transitional, transitory or saving provision as the Scottish Ministers consider appropriate.

8

An order under this section may include provision dissolving any person, body or office-holder listed in schedule 5, other than those listed in subsection (3)(b)(i) to (v), but only if the person, body or office-holder has, or will have by virtue of the order, no exercisable functions.

9

An order under this section may bind the Crown.

10

An order under this section must be made in accordance with this Part.