Public Services Reform (Scotland) Act 2010

User focus S

112 Scrutiny: user focus S

(1) The persons, bodies and office-holders listed in schedule 19 (the “listed scrutiny authorities”) must make arrangements which—

(a) secure continuous improvement in user focus in the exercise of their scrutiny functions, and

(b) demonstrate that improvement.

(2) User focus is the involvement of users of scrutinised services in the design and delivery of scrutiny functions in relation to those services and the governance of the listed scrutiny authorities.

(3) Scrutinised services are services provided in pursuance of functions and activities which are—

(a) subject to scrutiny by a listed scrutiny authority, or

(b) provided by a person, body or office-holder which is subject to scrutiny by a listed scrutiny authority.

(4) Users of a service include—

(a) persons who will or may use the service in the future,

(b) persons who act on behalf of others in respect of whom the service is provided, and

(c) other persons with a direct interest in, or directly affected by—

(i) the provision of the service, or

(ii) the scrutiny of the service or the person, body or office-holder providing it.

(5) The Scottish Ministers may by order modify the list in schedule 19 by—

(a) adding a person, body or office-holder which has scrutiny functions, or

(b) removing an entry.

(6) Before making an order under subsection (5)(a), the Scottish Ministers must consult the person, body or office-holder in question and may consult any other person they think fit.

(7) In this section references to the scrutiny functions of a person, body or office-holder are to such of the functions of the person, body or office-holder as relate to the regulation, audit or inspection of other persons, bodies or office-holders or their functions or activities.

Commencement Information

I1 S. 112 in force at 1.10.2010 by S.S.I. 2010/321, art. 3, Sch.

113 User focus: guidance etc. S

(1) In fulfilling its duty under subsection (1) of section 112 a listed scrutiny authority must have regard—

(a) to any guidance in relation to the duty provided by the Scottish Ministers, and

(b) to what are regarded as proper arrangements for the purposes of that subsection (or purposes which include those purposes).

(2) Guidance provided by the Scottish Ministers may in particular include guidance on—

(a) how to make, and what is to be included in, arrangements for the purposes of that subsection,

(b) how to demonstrate continuous improvement in user focus.

(3) Arrangements may be regarded as proper arrangements for the purposes of that subsection by reference to a generally recognised published code or otherwise.

(4) Before providing guidance under this section the Scottish Ministers must consult any person they think fit.

(5) If there is a conflict between guidance provided under subsection (1)(a) and proper arrangements referred to in subsection (1)(b), the guidance prevails.

(6) The Scottish Ministers may require a listed scrutiny authority which does not comply with any guidance provided under subsection (1)(a) to provide a written explanation of why it has not done so; and the authority must comply with the requirement.

(7) The Scottish Ministers may publish an explanation provided under subsection (6).

Commencement Information

I2 S. 113 in force at 1.10.2010 by S.S.I. 2010/321, art. 3, Sch.