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.