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.