http://www.legislation.gov.uk/id/asp/2010/8

http://www.legislation.gov.uk/asp/2010/8/section/20

Public Services Reform (Scotland) Act 2010

An Act of the Scottish Parliament to make provision for the purpose of simplifying public bodies, including the transfer and delegation of certain functions, the dissolution of certain bodies and provision in relation to the regulation of officers of court; to enable provision to be made for the purpose of improving the exercise of public functions and for removing and reducing burdens resulting from legislation; to make provision for the publication of information on expenditure and certain other matters by certain public bodies; to establish Creative Scotland with functions in relation to the arts and culture and industries and other activity the focus of which is the application of creative skills; to establish Social Care and Social Work Improvement Scotland with scrutiny functions in relation to care services and social work services; to establish Healthcare Improvement Scotland with scrutiny and other functions in relation to services provided under the National Health Service and independent health care services; to amend the Mental Health (Care and Treatment) (Scotland) Act 2003 to make provision in relation to the Mental Welfare Commission for Scotland; to make provision about the exercise of scrutiny functions by certain bodies, including provision in respect of the involvement of users of scrutinised services, co-operation and joint inspections; to amend Part 2 of the Public Finance and Accountability (Scotland) Act 2000 in relation to audit authorities and audit reports and examinations under that Part; to amend the Scottish Public Services Ombudsman Act 2002 to make provision in relation to complaints handling procedures of listed authorities; to amend the Charities and Trustee Investment (Scotland) Act 2005 in relation to the regulation of charities and charity trustees; and for connected purposes.

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Statute Law Database

2024-05-01

Expert Participation

2024-04-01

Public Services Reform (Scotland) Act 2010

Blanket amendment

The Treaty of Lisbon (Changes in Terminology) Order 2011

art. 3

art. 3(2)

art. 3(3)

4(2)

6(4)

(5)

art. 2

Part 2Order-making powers

General restrictions

I120Subordinate legislation and powers of direction, appointment and consent

F11

~~An order under section 14 or 17(1) may confer or transfer a function of legislating only on or to the Scottish Ministers, the First Minister or the Lord Advocate.~~

2

~~An order under section 14 or 17(1) may not make provision for the delegation of any function of legislating.~~

3

An order under section 14 or 17(1) may not make provision to confer a function of legislating on the Scottish Ministers, the First Minister or the Lord Advocate unless the conditions in subsections (4) and (5) are satisfied.

4

~~The condition in this subsection is that the function is exercisable by statutory instrument.~~

5

~~The condition in this subsection is that such a statutory instrument—~~

a

~~is subject to annulment in pursuance of a resolution of the Scottish Parliament, or~~

b

~~is not to be made unless a draft of the statutory instrument has been laid before and approved by a resolution of the Parliament.~~

6

~~Subsections (1) to (3) do not apply to provision which merely restates an enactment.~~

7

An order under section 14 or 17(1) may not make provision which has the effect of transferring to a person other than the Scottish Ministers, the First Minister or the Lord Advocate any function to which subsection (8) applies.

8

~~This subsection applies to any function of—~~

a

~~giving directions,~~

b

~~appointing a person to any office or position, or~~

c

~~consenting to any thing,~~

~~conferred by any enactment on the Scottish Ministers, the First Minister or the Lord Advocate.~~