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

This consultation seeks views on extending the duration of Part 2 order making powers under the Public Services Reform (Scotland) Act 2010 for a further 5 year period from June 2020.

Why extend the Part 2 Order Making Powers

11. The order-making powers provide an important vehicle for making adjustments without taking forward primary legislation. The safeguards provided in the PSR Act, including the preconditions that must be met and the requirement for consultation of stakeholders and approval by Parliament, mean that any proposed changes are subject to rigorous examination and scrutiny.

12. The powers have, to date, been used to make important, but relatively straightforward, changes to the public bodies landscape (e.g. establishing the Poverty and Inequality Commission as a statutory Advisory Non Departmental Public Body). Where significant changes to the public bodies landscape have been made (e.g. merger of Historic Scotland and the Royal Commission on the Ancient and Historical Monuments of Scotland), these have been delivered through primary legislation. This demonstrates that the powers have been used appropriately.

13. It is important to retain the powers for the future given the need to have the flexibility to adjust public bodies in light of wider developments and requirements. The challenging financial context further reinforces the need to have these powers in place that will enable Government to make changes to improve the deployment of resources and deliver efficiencies where appropriate.



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