Public Services Reform (Scotland) Act 2010

15Public functions: further provision

(1)Schedule 5, which lists persons, bodies and office-holders for the purposes of section 14, has effect.

(2)The Scottish Ministers may by order modify schedule 5 by—

(a)adding an entry for any person, body or office-holder falling within subsection (5),

(b)removing any entry.

(3)An order under subsection (2)(a) containing provision adding an entry to schedule 5 may include provision adding a corresponding entry to schedule 6.

(4)An order under subsection (2)(b) containing provision removing an entry from schedule 5 must include provision removing any corresponding entry from schedule 6.

(5)Those persons, bodies and office-holders are—

(a)an office-holder in the Scottish Administration,

(b)a Scottish public authority with mixed functions or no reserved functions,

(c)a cross-border public authority,

(d)a publicly-owned company,

(e)any other person, not being a public body or the holder of a public office, who either—

(i)appears to the Scottish Ministers to exercise functions of a public nature, or

(ii)is providing, under a contract made with a person, body or office-holder listed in schedule 5, any service the provision of which is the function of that person, body or office-holder.

(6)A company is publicly-owned for the purposes of subsection (5)(d) if it is wholly owned—

(a)by the Scottish Ministers, or

(b)by any other person, body or office-holder listed in schedule 5 except a person, body or office-holder listed—

(i)by virtue of subsection (5)(e)(i) in relation only to some of its functions, or

(ii)by virtue of subsection (5)(e)(ii).

(7)For the purposes of subsection (6) a company is wholly owned—

(a)by the Scottish Ministers if it has no members except—

(i)the Scottish Ministers or companies wholly owned by the Scottish Ministers, or

(ii)persons acting on behalf of the Scottish Ministers or of such companies,

(b)by any other person, body or office-holder if it has no members except—

(i)the person, body or office-holder or companies wholly owned by the person, body or office-holder, or

(ii)persons acting on behalf of the person, body or office-holder or of such companies.

(8)An entry added to schedule 5 by an order under subsection (2)(a) made by virtue of subsection (5)(e) must specify the functions of a public nature or, as the case may be, the service being provided; and only those functions or that service are public functions of the person in question for the purposes of section 14(1).

(9)In this section—

• “company” includes any body corporate;

• “local authority” means a council constituted by section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);

• “Scottish public authority with mixed functions or no reserved functions” is to be construed in accordance with paragraphs 1(4) and 2 of Part 3 of Schedule 5 to the Scotland Act 1998 (c. 46); but does not include a local authority.