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Consultation on Extending the Coverage of the Freedom of Information (Scotland) Act 2002

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Annex A Draft Section 5 Order

DRAFT SCOTTISH STATUTORY INSTRUMENTS

2010 No. [-]

FREEDOM OF INFORMATION

The Freedom of Information (Scotland) Act 2002 (Designation of Persons as Scottish Public Authorities) Order 2010

Made - - - - ***

Laid before the Scottish Parliament - - - - ***

Coming into force - - - - ***

The Scottish Ministers make the following Order in exercise of the powers conferred by section 5 of the Freedom of Information (Scotland) Act 2002( 3) and all other powers enabling them to do so.

In accordance with section 72(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.

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 2010.

(2) This Order comes into force twelve months after the day on which the Order is made.

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

Extension of coverage of the 2002 Act

2. -(1) The persons listed in column 1 of the table in Schedule 1 are designated under section 5 (2)(a) of the 2002 Act in relation to the functions carried out by them as described in column 2 of that table and subject to the thresholds specified in column 3.e.

(2)) The class of persons described in column 1 of the table in Schedule 2 are designated under section 5(2)(b) of the 2002 Act in relation to services carried out pursuant to contracts described in column 2 of that table which meet the applicable thresholds set out in column 3.

Name
[Authorised to sign by the Scottish Ministers]

St Andrew's House
Edinburgh

Date

SCHEDULE 1

Article 2(1)

Column 1

Column 2

Column 3

Description of persons

Functions

Applicable thresholds

The Association of Chief Police Officers in Scotland (" ACPOS")(formerly ACPOS Limited), a company incorporated under the Companies Act 2006 with the registration number 310956.

Promoting for the benefit of the public in Scotland the efficiency and effectiveness of policing in Scotland, in accordance with the objects as set out in the ACPOS' Articles of Association.

Glasgow Housing Association Limited, a registered social landlord under the Housing Act (Scotland) 2001 and a company incorporated under the Companies Act 2006 with the registration number 2572R(S) and registered as a Scottish charity under registration number SCO34054.

Functions under sections 58(2) and 58(3) of the Housing (Scotland) Act 2001( 4)

Bodies established or created by a local authority for the purposes of developing and/or delivering recreational, sporting, cultural, and social facilities and activities on behalf of the local authority.

Functions in terms of section 90 of the Local Government (Scotland) Act 1973( 5), section 14 of the Local Government and Planning (Scotland) Act 1982( 6), and section 20 of the Local Government in Scotland Act 2003( 7).

Receipt of £100,000 or more of funding per annum from the local authority.

SCHEDULE 2

Article 2(2)

Column 1

Column 2

Column 3

Description of persons

Services

Applicable thresholds s

Any person contracted by the Scottish Ministers for the purpose of the Roads (Scotland) Act 1984( 8)

Construction of new roads and management and maintenance of such roads

The contract has a value of not less than £90 million and a duration of not less than 30 years.

Any person contracted by an education authority in terms of section 17 of the Education (Scotland) Act 1980 ( 9)

Building, altering or improving or maintaining accommodation for schools or other educational establishments

The contract has a value of not less than £20 million and a duration of not less than 10 years.

Any person contracted by the Scottish Ministers, a Health Board or a Special Health Board in terms of sections 36 and 102 respectively of the National Health Service (Scotland) Act 1978( 10)

Provision of hospital accommodation or other premises (including maintenance of such accommodation or premises) or the control and management of such accommodation or premises

The contract has a value of not less than £20 million and a duration of not less than 10 years.

Any person contracted by or on behalf of the Scottish Ministers in terms of section 106 of the Criminal Justice and Public Order Act 1994( 11)

Provision and running of any prison

Any person contracted by or on behalf of the Scottish Ministers in terms of section 102 of the Criminal Justice and Public Order Act 1994( 12)

Provision of prisoner escort services

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the extension of coverage of the Freedom of Information (Scotland) 2002 Act ("the 2002 Act") under section 5 of that Act.

Section 5 of the 2002 Act enables the Scottish Ministers to designate Scottish public authorities by Order designating any person who is neither listed in Schedule 1 to the 2002 Act (nor capable of being added to that schedule under section 491), is neither a public body nor the holder of a public office, and who appears to the Scottish Ministers to exercise functions of a public nature or is providing, under contract to a Scottish public authority, any service whose provision is a function of that authority.

Article 2(1) designates persons who appear to the Scottish Ministers to exercise a function of a public nature under section 5(2)(a) of the 2002 Act in accordance with descriptions set out in the table in Schedule 1.

Article 2(2) designates persons under section 5(2)(b) of the 2002 Act where those persons provide services under contracts as described in the table in Schedule 2 made with a Scottish public authority.

The tables at Schedule 1 and Schedule 2 set out the designated bodies with reference to a class based description and in certain cases, additional thresholds or criteria.