Freedom of Information (Scotland) Act 2002

5 Further power to designate Scottish public authorities

(1) The Scottish Ministers may by order designate as a Scottish public authority for the purposes of this Act any person mentioned in subsection (2) who—

(a) is neither for the time being listed in schedule 1 nor capable of being added to that schedule by order under section 4(1); and

(b) is neither a public body nor the holder of any public office.

(2) The persons are those who either—

(a) appear to the Scottish Ministers to exercise functions of a public nature; or

(b) are providing, under a contract made with a Scottish public authority, any service whose provision is a function of that authority.

(3) An order under subsection (1) may designate a specified person or persons falling within a specified description.

(4) An order under subsection (1) made by virtue of—

(a) subsection (2)(a) must specify the functions of a public nature which appear to be exercised;

(b) subsection (2)(b) must specify the service being provided.

(5) Before making an order under subsection (1), the Scottish Ministers must consult—

(a) every person to whom the order relates; or

(b) persons appearing to them to represent such persons.