The Public Services Reform (Scotland) Act 2010 (Commencement No. 2) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

Sections 103, 109, 132, 133 and 134 of the Public Services Reform (Scotland) Act 2010 (“the Act”) came into force on Royal Assent. The Public Services Reform (Scotland) Act 2010 (Commencement No. 1) Order 2010 brought some other provisions of the Act into force on 1st July 2010 and 1st August 2010 (for further detail see the note as to earlier commencement orders).

This Order brings the following provisions of the Act into force on 1st October 2010:

• sections 31 to 35 and schedule 8 require the publication of information on expenditure and certain other matters by the Scottish Ministers and certain public bodies;

• sections 44 to 106 (except section 103 which came into force on Royal Assent), and schedules 11, 12 and 14, are commenced for the purpose of making subordinate legislation in relation to the functions of Social Care and Social Work Improvement Scotland, and schedule 13 (which specifies enactments for the purposes of the meaning of “social work services functions” in section 48) is commenced in full;

• sections 108 and 110, and schedules 16 and 17, are commenced for the purpose of making subordinate legislation in relation to the functions of Healthcare Improvement Scotland;

• section 111 and schedule 18 are commenced for the purpose of making subordinate legislation in relation to the Mental Welfare Commission for Scotland;

• sections 112 and 113 and schedule 19 require listed scrutiny authorities to improve user focus in the exercise of their scrutiny functions and to have regard to relevant guidance;

• section 114 and schedule 20 require scheduled scrutiny authorities to co-operate and co-ordinate activity with a view to improving the exercise of their scrutiny functions;

• sections 115 to 117 are commenced for the purpose of making subordinate legislation in relation to joint inspections;

• section 118 amends Part 2 of the Public Finance and Accountability (Scotland) Act 2000 in relation to audit authorities and audit reports and examinations under that Part; and

• section 125 is commenced for the purpose of making subordinate legislation in relation to reorganisation of restricted funds in relation to charities.