Chapter 1: Application of legislation relating to office-holders
248.This Chapter of schedule 4 amends relevant public bodies legislation so as to encompass His Majesty’s Chief Inspector of Education in Scotland.
Freedom of Information (Scotland) Act 2002
249.Paragraph 16 of schedule 4 adds the Chief Inspector to the list of non-ministerial office holders in the Scottish Administration in schedule 1 of the FOI (S) Act. This means that the Chief Inspector will be subject to the requirements which the FOI (S) Act places on public bodies, including requirements to provide information to the public on request and to have in place a scheme under section 23 of that Act for the pro-active publication of information it holds.
250.Being a public authority within the meaning of the FOI (S) Act also makes the Chief Inspector a “Scottish public authority” to which the Environmental Information (Scotland) Regulations 2004 apply.
251.In addition, it means that the Chief Inspector falls within the definition of a “public body” under section 44 of the Climate Change (Scotland) Act 2009. This means that the Chief Inspector must act in a way calculated to contribute to the delivery of climate change targets and any climate change adaptation programme and in the way that the Chief Inspector considers is most sustainable. The Chief Inspector can also be made subject to further duties, including reporting duties.
252.Further, as a public authority within the meaning of the FOI (S) Act, the Chief Inspector is a “public authority” or “
Protection of Vulnerable Groups (Scotland) Act 2007
253.The Protection of Vulnerable Groups (Scotland) Act 2007 relates to the inclusion of individuals on a “children’s list” and an “adult’s list”. Section 19(3) of the 2007 Act names persons who may be required to provide information to the Scottish Ministers under section 19(1)(b) for the purpose of assisting Ministers in deciding whether to list an individual. “HM Inspectors of Schools” is named here, and section 97 of the 2007 Act provides a definition for that term, which is repeated in the index in schedule 5 of the 2007 Act. Paragraph 17 of schedule 4 of this Act updates these references by substituting them for the Chief Inspector.
Public Services Reform (Scotland) Act 2010
254.Paragraph 18 of schedule 4 adds the Chief Inspector to the list of bodies in schedule 19 of the 2010 Act. This means that the Chief Inspector is subject to the user focus scrutiny duty set out in section 112 of the 2010 Act. This will require the Chief Inspector to secure continuous improvement in the involvement of users in the design and delivery of scrutiny functions, such as the inspection function set out in section 38.
255.It also adds the Chief Inspector to the list of bodies in schedule 20 of the 2010 Act. This means that the Chief Inspector is subject to section 114 of the 2010 Act and must co-operate and co-ordinate activity with the other bodies listed there and, where appropriate, the Scottish Ministers with a view to achieving the purpose of improving the exercise of the scrutiny functions of, among other things, local authorities.
Public Records (Scotland) Act 2011
256.Paragraph 19 of schedule 4 makes the Chief Inspector subject to the duties created by the Public Records (Scotland) Act 2011 to produce, implement and keep under review a records management plan.
Procurement Reform (Scotland) Act 2014
257.Paragraph 20 of schedule 4 makes the Chief Inspector subject to the procurement rules applicable to contracting authorities in the Procurement Reform (Scotland) Act 2014 regarding their procurement activities and some specific measures aimed at promoting good, transparent and consistent practice in procurement.
