Part 8Scrutiny and complaints

User focus

113User focus: guidance etc.

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).