Part 1Records management plans
I12Authorities to which Part 1 applies
1
The authorities to which this Part applies are the bodies, office-holders and other persons listed, or of a description listed, in the schedule.
2
The Scottish Ministers may by order made by statutory instrument amend the schedule by—
a
adding—
i
a body, office-holder or other person, or
ii
a description of bodies, office-holders or other persons,
b
removing an entry listed in it, or
c
modifying an entry listed in it.
3
An order under subsection (2)(a) may add a body, office-holder or other person, or a description of bodies, office-holders or other persons, only if the body, office-holder or person, or (as the case may be) each of the bodies, office-holders or persons within the description, is—
a
a part of the Scottish Administration,
b
a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998 (c.46)), or
c
a publicly owned company.
4
In subsection (3)(c), “publicly owned company” means a company that is wholly owned by—
a
the Scottish Ministers, or
b
another authority.
5
For that purpose, a company is wholly owned—
a
by the Scottish Ministers if it has no members other than—
i
the Scottish Ministers or other companies that are wholly owned by the Scottish Ministers, or
ii
persons acting on behalf of the Scottish Ministers or of such other companies,
b
by another authority if it has no members other than—
i
the authority or other companies that are wholly owned by the authority, or
ii
persons acting on behalf of the authority or of such other companies.
6
In this section, “company” includes any body corporate.
7
An order under subsection (2) may—
a
include consequential, supplementary, incidental, transitional, transitory or saving provision,
b
modify any enactment.
8
An order under subsection (2) is not to be made unless a draft of the statutory instrument containing the order has been laid before and approved by resolution of the Scottish Parliament.