Public Services Reform (Scotland) Act 2010 – extension of Part 2 Order Making Powers 2025: CRWIA

Child Rights and Wellbeing Impact Assessment Template

1. Brief Summary

Type of proposal:

• Scottish Statutory Instrument

Name the proposal, and describe its overall aims and intended purpose:

Public Services Reform (Scotland) Act 2010: Extension of Part 2 Order-Making Powers

The proposal is to extend the Order Making Powers under Part 2 of the Public Services Reform (Scotland) Act 2010 by a further 5 years.

Scottish Ministers currently hold powers to propose changes to the law, in ways that are more streamlined and flexible than a new Act of the Scottish Parliament would require, in two specific instances. These situations are to improve the effectiveness, efficiency and economy of public service functions; and to reduce or remove burdens for any person resulting from legislation. These powers have been in place since the Public Services Reform (Scotland) Act 2010 came into force and require to be renewed every 5 years in order to continue.

Start date of proposal’s development: August 2024

Start date of CRWIA process: November 2024

2. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024 (Annex 1), which aspects of the proposal are relevant to/impact upon children’s rights?

Having considered the requirements of the UNCRC, there are no aspects of the proposed SSI which are deemed relevant or impact upon children’s rights. This SSI will merely renew existing powers that are already available to ministers under the Public Services Reform (Scotland) Act 2010.

The situation may arise where a draft order made using the powers which this SSI renews is relevant to or impacts upon children’s rights. This and any other draft order made using these powers will be subject to its own robust scrutiny arrangements. This includes a duty to produce any impact assessment which may be relevant to the scope of the draft order, including a Child Rights and Wellbeing Impact Assessment. It also includes a strict set of consultation requirements for that draft order and the most rigorous procedure for securing parliamentary approval that applies to any proposed SSI (known as “Super Affirmative Procedure”).

Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal.

An online consultation was carried out between 16 December 2024 and 10 February 2024 and received 21 responses. Responses were overwhelmingly positive. In total, 16 respondents supported each of the proposals; while 4 opposed them and 1 was neutral. No issues were raised regarding an impact upon children’s rights.

3. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal

Not applicable

4. Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed

Not applicable

5. Analysis of Evidence

Not applicable

6. What changes (if any) have been made to the proposal as a result of this assessment?

Not applicable