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.

How have the Order Making Powers been used since their introduction?

14. Since the introduction of the PSR Act in 2010 a relatively small number of orders have been taken forward to make important changes. We consider that this evidence clearly demonstrates and provides reassurance that the powers have been used appropriately by Scottish Government. In each case, as the Act determines, the orders were subject to full public consultation followed by Parliamentary scrutiny and where necessary the orders where amended accordingly.

15. Ten orders have to date been taken forward on the basis of using
Part 2 powers; four using section 14 (efficiency, effectiveness and economy) and six using section 17 (removing or reducing burdens).

In summary these orders have

  • Declassified the General Teaching Council for Scotland as a public body and turned it into an independent profession-led organisation;
  • Transferred the functions of the Public Standards Commissioner for Scotland and the Public Appointments Commissioner for Scotland to a new Commissioner for Ethical Standards in Public Life in Scotland; (this was a proposal by the Parliament)
  • Created the roles of prison monitoring co-ordinator and independent prison monitor, and transferred the functions of prison visiting committees to those roles;
  • Provided the basis for measures to provide a greater level of confidence in the working relationship between landlords and tenant farmers
  • Enabled Ministers to recover the costs of Education Scotland carrying out inspection of independent Further Education colleges and English Language schools
  • Help to streamline and simplify the planning system in two specific areas
  • Allowed NHS National Services Scotland to provide shared services across the public sector with a view to improving efficiency and productivity
  • Established the Poverty and Inequality Commission as a statutory public body
  • Amended the Insolvency Act 1986 and the Small Business Enterprise and Employment Act 2015

16. It should also be noted that where significant changes to the public bodies’ landscape have been proposed, these have (quite appropriately) been delivered through primary legislation. An example of this being the merger of Historic Scotland and the Royal Commission on the Ancient and Historical Monuments of Scotland to form Historic Environment Scotland.



Back to top