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The Freedom of Information (Scotland) Act 2002 (Designation of Persons as Scottish Public Authorities) Order 2016

As Enacted Cited authorities 20 Cited in Related
Vincent

2016 No. 139

Freedom Of Information

The Freedom of Information (Scotland) Act 2002 (Designation of Persons as Scottish Public Authorities) Order 2016

Made 2nd March 2016

Coming into force 1st September 2016

The Scottish Ministers make the following Order in exercise of the powers conferred by section 5(1) of the Freedom of Information (Scotland) Act 20021and all other powers enabling them to do so.

In accordance with section 72(2)(b) of that Act a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

In accordance with section 5(5) of that Act 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.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Freedom of Information (Scotland) Act 2002 (Designation of Persons as Scottish Public Authorities) Order 2016.

(2) This Order comes into force on 1st September 2016.

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

S-2 Extension of coverage of the 2002 Act

Extension of coverage of the 2002 Act

2.—(1) The persons described in column 1 of the table in Schedule 1 to this Order are designated under section 5(2)(a) of the 2002 Act as a Scottish public authority in relation to the functions specified in column 2 of that table.

(2) The persons described in column 1 of the table in Schedule 2 to this Order who provide services under a contract to a Scottish public authority are designated under section 5(2)(b) of the 2002 Act as a Scottish public authority in relation to the services specified in column 2 of that table.

JOE FITZPATRICK

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

2nd March 2016

SCHEDULE 1

Article 2(1)

SCHEDULE 1

Column 1

Column 2

Description of persons

Functions

Grant-aided schools.

the running of a grant-aided school as defined in section 135(1) of the Education (Scotland) Act 1980.

Independent special schools listed in the Register of Independent Schools as set out in section 98 of the Education (Scotland) Act 19802 and which fall within paragraph (a) of the definition of “special school” in section 29(1) of the Education (Additional Support for Learning) (Scotland) Act 20043

the running of a special school as defined in section 29(1) of the Education (Additional Support for Learning) (Scotland) Act 2004.

Scottish Health Innovations Limited (registered number SC 236303).

promoting research and development within the National Health Service in Scotland.

Persons providing a “secure accommodation service” as defined in paragraph 6 of schedule 12 to the Public Services Reform (Scotland) Act 20104.

the provision of a secure accommodation service.

SCHEDULE 2

Article 2(2)

SCHEDULE 2

Column 1

Column 2

Description of persons

Services

A person—

In relation to persons specified under (a) of Column 1—

(a)...

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