Public Services Reform (Scotland) Act 2010
| Year | 2010 |
Public Services Reform (Scotland) Act 2010
2010 asp 8
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 25th March 2010 and received Royal Assent on 28th April 2010
An Act of the Scottish Parliament to make provision for the purpose of simplifying public bodies, including the transfer and delegation of certain functions, the dissolution of certain bodies and provision in relation to the regulation of officers of court; to enable provision to be made for the purpose of improving the exercise of public functions and for removing and reducing burdens resulting from legislation; to make provision for the publication of information on expenditure and certain other matters by certain public bodies; to establish Creative Scotland with functions in relation to the arts and culture and industries and other activity the focus of which is the application of creative skills; to establish Social Care and Social Work Improvement Scotland with scrutiny functions in relation to care services and social work services; to establish Healthcare Improvement Scotland with scrutiny and other functions in relation to services provided under the National Health Service and independent health care services; to amend the Mental Health (Care and Treatment) (Scotland) Act 2003 to make provision in relation to the Mental Welfare Commission for Scotland; to make provision about the exercise of scrutiny functions by certain bodies, including provision in respect of the involvement of users of scrutinised services, co-operation and joint inspections; to amend Part 2 of the Public Finance and Accountability (Scotland) Act 2000 in relation to audit authorities and audit reports and examinations under that Part; to amend the Scottish Public Services Ombudsman Act 2002 to make provision in relation to complaints handling procedures of listed authorities; to amend the Charities and Trustee Investment (Scotland) Act 2005 in relation to the regulation of charities and charity trustees; and for connected purposes.
Part 1
Simplification of public bodies
Transfer of functions
1 Transfer to Scottish Natural Heritage of functions of Deer Commission for Scotland
(1) The functions conferred on the Deer Commission for Scotland by or under the Deer (Scotland) Act 1996 (c. 58) or any other enactment are transferred to Scottish Natural Heritage.
(2) All property, rights, liabilities and obligations of the Deer Commission for Scotland are transferred to Scottish Natural Heritage.
(3) The Deer Commission for Scotland is dissolved.
(4) Anything done by or in relation to the Deer Commission for Scotland has effect, in relation to any time after this section comes into force, as if done by or in relation to Scottish Natural Heritage.
(5) Schedule 1 (which makes modifications of enactments in consequence of this section) has effect.
2 Transfer to Scottish Natural Heritage of functions of Advisory Committee on sites of special scientific interest
(1) The committee referred to in section 21(1) of the nature conservation (scotland) act 2004 (asp 6) is dissolved.
(2) All property, rights, liabilities and obligations of the committee referred to in subsection (1) are transferred to Scottish Natural Heritage.
(3) In the Nature Conservation (Scotland) Act 2004-
(a) in section 21 (Advisory Committee on sites of special scientific interest), subsections (1) to (5) are repealed,
(b) in subsection (8) of that section, for paragraphs (a) to (c) substitute-
"(a) consider the matter, and
(b) take such action as it thinks fit.",
(c) in the title to that section, for "Advisory Committee" substitute "Representations to SNH",
(d) in section 58(1) (interpretation), the definition "Advisory Committee" is repealed,
(e) in schedule 1 (notification relating to sites of special scientific interest: procedure)-
(i) in paragraph 9(b), for "refer the matter to the Advisory Committee" substitute "consider the matter,",
(ii) in paragraph 9, for "paragraphs (a) and (b)" substitute "paragraph (a)",
(iii) for the title to paragraph 9, substitute "Representations to SNH on sites of special scientific interest",
(iv) paragraph 11 is repealed,
(v) in paragraph 12(a), for "a matter has been referred to the Advisory Committee" substitute "SNH is required by subsection (8) of section 21 to consider a matter,".
(4) In the freedom of information (scotland) act 2002 (asp 13) , in Part 7 of schedule 1 (Scottish public authorities), the paragraph relating to the Advisory Committee on Sites of Special Scientific Interest is repealed.
(5) In the public appointments and public bodies etc. (scotland) act 2003 (asp 4) , in schedule 2 (the specified authorities), the entry relating to the Advisory Committee on Sites of Special Scientific Interest is repealed.
3 Transfer to certain bodies of functions of Waterwatch Scotland
(1) The position of the Convener of the Water Customer Consultation Panels is abolished.
(2) In schedule 2 to the scottish public services ombudsman act 2002 (asp 11) (listed authorities), after paragraph 16 insert-
"16A Scottish Water.".
(3) The Water Customer Consultation Panels are dissolved.
(4) The National Consumer Council is to exercise its functions under the Consumers, Estate Agents and Redress Act 2007 (c. 17) in relation to services provided by Scottish Water.
(5) But nothing in this section is to be taken as restricting in any way the exercise of functions by the National Consumer Council.
(6) Schedule 2 (which makes modification of enactments in consequence of this section) has effect.
(7) Schedule 3 (which makes provision for the transfer of staff, property, liabilities and ongoing matters) has effect.
Dissolution of bodies etc.
4 Dissolution of Scottish Records Advisory Council
(1) The Scottish Records Advisory Council is dissolved.
(2) All property, rights, liabilities and obligations of the Scottish Records Advisory Council are transferred to the Scottish Ministers.
(3) Section 7 of the Public Records (Scotland) Act 1937 (c. 43) (Advisory Council) is repealed.
(4) Section 19(1) of the National Heritage (Scotland) Act 1985 (c. 16) (amendment of the Public Records (Scotland) Act 1937) is repealed.
(5) In the Freedom of Information (Scotland) Act 2002 the following provisions are repealed-
(a) section 70(2) (amendment of the Public Records (Scotland) Act 1937),
(b) in Part 7 of schedule 1 (Scottish public authorities), the paragraph relating to the Scottish Records Advisory Council.
(6) In the Public Appointments and Public Bodies etc. (Scotland) Act 2003, in schedule 2 (the specified authorities), the entry relating to the Scottish Records Advisory Council is repealed.
(7) Section 15 of the scottish register of tartans act 2008 (asp 7) (amendment of section 7 of the Public Records (Scotland) Act 1937) is repealed.
5 Dissolution of Scottish Industrial Development Advisory Board
(1) The Scottish Industrial Development Advisory Board is dissolved.
(2) Section 20 of the Scottish Development Agency Act 1975 (c. 69) (Scottish Industrial Development Advisory Board) is repealed.
(3) In the Enterprise and New Towns (Scotland) Act 1990 (c. 35) , in Schedule 4 (minor and consequential amendments), paragraph 8 is repealed.
(4) In the Freedom of Information (Scotland) Act 2002, in Part 7 of schedule 1 (Scottish public authorities), the paragraph relating to the Scottish Industrial Development Advisory Board is repealed.
(5) In the Public Appointments and Public Bodies etc. (Scotland) Act 2003, in schedule 2 (the specified authorities), the entry relating to the Scottish Industrial Development Advisory Board is repealed.
6 Dissolution of Building Standards Advisory Committee
(1) The Building Standards Advisory Committee is dissolved.
(2) In the building (scotland) act 2003 (asp 8) the following provisions are repealed-
(a) in section 1(2) (building regulations)-
(i) paragraph (a) and the word "and" immediately following it,
(ii) in paragraph (b), the word "other",
(b) in section 3(5) (relaxation of building regulations)-
(i) paragraph (a) and the word "and" immediately following it,
(ii) in paragraph (b), the word "other",
(c) section 31 (Building Standards Advisory Committee),
(d) in section 56(1) (interpretation), the definition "Building Standards Advisory Committee".
(3) In the Public Appointments and Public Bodies etc. (Scotland) Act 2003, in schedule 2 (the specified authorities), the entry relating to the Building Standards Advisory Committee is repealed.
7 Dissolution of Historic Environment Advisory Council for Scotland
(1) The Historic Environment Advisory Council for Scotland is dissolved.
(2) All property, rights, liabilities and obligations of the Historic Environment Advisory Council for Scotland are transferred to the Scottish Ministers.
(3) In the Public Appointments and Public Bodies etc. (Scotland) Act 2003 the following provisions are repealed-
(a) section 15 (the Historic Environment Advisory Council for Scotland),
(b) section 16 (the Advisory Council's functions),
(c) in section 20 (interpretation), the definition "the Advisory Council",
(d) in schedule 2 (the specified authorities), the...
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