2013 No. 278
Freedom Of Information

The Freedom of Information (Scotland) Act 2002 (Designation of Persons as Scottish Public Authorities) Order 2013

Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 5(1) of the Freedom of Information (Scotland) Act 20021 and all other powers enabling them to do so.
In accordance with section 5(5) of that Act2, they have consulted every person to whom the Order relates or persons appearing to them to represent such persons and such other persons as they considered appropriate.
In accordance with section 72(2)(b) of that Act3, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation1.

(1)

This Order may be cited as the Freedom of Information (Scotland) Act 2002 (Designation of Persons as Scottish Public Authorities) Order 2013.

(2)

This Order comes into force on 1st April 2014.

(3)

In this Order, “the 2002 Act” means the Freedom of Information (Scotland) Act 2002.

Designation of persons as Scottish public authorities2.

A person described in column 1 of the table in the Schedule to this Order, being a person mentioned in section 5(2)(a) of the 2002 Act, is designated as a Scottish public authority in relation to any function of a public nature exercised by it specified in column 2 of that table.

NICOLA STURGEON
A member of the Scottish Government

St Andrew’s House,

Edinburgh

SCHEDULEDESIGNATION OF PERSONS AS SCOTTISH PUBLIC AUTHORITY

Article 2

Column 1

Column 2

Description of person

Functions of a public nature

A body—

  1. (a)

    established or created solely by one or more local authorities;

  2. (b)

    whose functions on behalf of any of those authorities include developing and/or delivering recreational, sporting, cultural or social facilities and activities; and

  3. (c)

    which in carrying out those functions is financed wholly or in part by any of those authorities.

Functions contained in—

sections 90 and 163 of the Local Government (Scotland) Act 19734;
section 14 of the Local Government and Planning (Scotland) Act 19825;
section 20 of the Local Government in Scotland Act 20036.
EXPLANATORY NOTE
(This note is not part of the Order)

This Order makes provision for the designation of persons as a Scottish public authority under section 5 of the Freedom of Information (Scotland) Act 2002 (“the 2002 Act”).

Section 5 of the 2002 Act enables the Scottish Ministers by order to designate as a Scottish public authority any person who is neither listed in schedule 1 to the 2002 Act (nor capable of being added to that schedule under section 4(1)) and is neither a public body nor the holder of a public office. The persons designated include those who appear to the Scottish Ministers to exercise functions of a public nature.

Article 2 designates as a Scottish public authority a person who appears to the Scottish Ministers to exercise a function of a public nature under section 5(2)(a) of the 2002 Act in accordance with the descriptions set out in the table in the Schedule. These persons are bodies established or created by one or more local authorities, whose functions include developing and/or delivering recreational, sporting, cultural or social facilities and activities and who are financed wholly or in part by any of the local authorities. The relevant functions to which the designation applies (see section 7 of the 2002 Act) are carrying on tourism related activities, provision of public libraries, museums and art galleries, recreational, sporting, cultural and social facilities and activities and advancing well-being.