Public Services Reform (Scotland) Act 2010

14Public functions: efficiency, effectiveness and economy

(1)The Scottish Ministers may by order make any provision which they consider would improve the exercise of public functions, having regard to—

(a)efficiency,

(b)effectiveness, and

(c)economy.

(2)In subsection (1), “public functions” are functions of the persons, bodies and office-holders listed in schedule 5, subject to any limitations specified in that schedule.

(3)The provision that may be made under subsection (1) includes provision—

(a)modifying, conferring, abolishing, transferring, or providing for the delegation of, any function,

(b)amending the constitution of a person, body or office-holder listed in schedule 5 other than—

(i)the Scottish Ministers,

(ii)the Scottish Court Service,

(iii)a cross-border public authority,

(iv)a person listed by virtue of section 15(5)(e), or

(v)a company (within the meaning of the Companies Act 2006 (c. 46)),

(c)creating—

(i)a person, body or office-holder on which functions are conferred,

(ii)a person, body or office-holder to which functions (modified or otherwise) are transferred or may be delegated.

(4)For the purposes of subsection (3)(b)(ii), the constitution of the Scottish Court Service is as set out in schedule 3 to the Judiciary and Courts (Scotland) Act 2008 (asp 6).

(5)The transfer or delegation referred to in subsection (3)(a) must be a transfer or delegation to—

(a)a person, body or office-holder listed in schedule 5,

(b)a person, body or office-holder created in pursuance of subsection (3)(c), or

(c)a local authority (meaning a council constituted by section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39)).

(6)An order under this section containing provision creating a person, body or office-holder in pursuance of subsection (3)(c)—

(a)must include provision adding that person, body or office-holder to schedule 5,

(b)may include provision adding that person, body or office-holder to schedule 6,

(c)may specify the extent to which any functions are to be public functions for the purposes of subsection (1).

(7)An order under this section may—

(a)modify any enactment, instrument or other document,

(b)contain such consequential, incidental, transitional, transitory or saving provision as the Scottish Ministers consider appropriate.

(8)An order under this section may include provision dissolving any person, body or office-holder listed in schedule 5, other than those listed in subsection (3)(b)(i) to (v), but only if the person, body or office-holder has, or will have by virtue of the order, no exercisable functions.

(9)An order under this section may bind the Crown.

(10)An order under this section must be made in accordance with this Part.