The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2018

Scottish Statutory Instruments

2018 No. 299

Public Bodies

The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2018

Made

2nd October 2018

Coming into force

25th October 2018

The Scottish Ministers make the following Order in exercise of the powers conferred by section 3(2)(a) of the Public Appointments and Public Bodies etc. (Scotland) Act 2003(1) and all other powers enabling them to do so.

In accordance with section 18(4)(a)(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1.  This Order may be cited as the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2018 and comes into force on 25th October 2018.

Amendment of the list of specified authorities

2.—(1) Schedule 2 (the specified authorities) of the Public Appointments and Public Bodies etc. (Scotland) Act 2003(3) is amended in accordance with paragraphs (2) and (3).

(2) In the listing of the specified authorities, under the heading “Advisory bodies”, omit “Scottish Advisory Committee on Distinction Awards”.

(3) In the listing of the specified authorities, under the heading “National Health Service bodies”, at the end of the entry for “any Special Health Board”, after “Special Health Board employees” insert—

“; or

(iv) a member of the board of NHS Health Scotland.”

JEANE FREEMAN

A member of the Scottish Government

St Andrew’s House,

Edinburgh

2nd October 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends schedule 2 of the Public Appointments and Public Bodies etc. (Scotland) Act 2003 which lists the specified authorities that are subject to section 2 of that Act so must comply with the code of practice published by the Commissioner for Ethical Standards in Public Life in Scotland.

Schedule 2 of the Public Appointments and Public Bodies etc. (Scotland) Act 2003 is amended by removing the entry for the Scottish Advisory Committee on Distinction Awards (article 2(2)) and by adding, as an exception, an entry for the board of NHS Health Scotland (article 2(3)) with the effect that appointments made by the Scottish Ministers do not require to comply with the code of practice prepared under section 2 of that Act.

(1)

2003 asp 4. Section 3 was amended by the Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), section 29(9).

(2)

Section 18(4)(a) has been modified by paragraph 5 of schedule 3 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

(3)

Schedule 2 is relevantly amended by S.S.I. 2010/50.