Public Services Reform (Scotland) Act 2010 (Part 2 Further Extension) Order 2025: consultation analysis

Consultation analysis report on extension of order making powers under Part 2 of Public Services Reform (Scotland) Act 2010.


Responses to extending section 17

Question 2: Do you agree that the Scottish Ministers should seek the Parliament’s approval to extend the order-making powers in section 17 of the Public Service Reform (Scotland) Act 2010 (powers to reduce or remove burdens resulting from legislation) for a further 5 years from May 2025?

Answer:

Yes

  • Number of Responses: 13 organisations, 3 individuals

No

  • Number of Responses: 1 organisation, 3 individuals

Not answered

  • Number of Responses: 1 organisation

Respondents were asked to provide further comments relating to their response. These have been grouped into themes as set out in table 2 below.

Comment/Theme

Maintain accountability over public services

  • Number of times raised / suggested: 2 individuals

Abuse of democracy / potential for Government to reduce the authority or resources of regulatory bodies

  • Number of times raised / suggested: 1 individual, 1 organisation

Powers to be used responsibly, sparingly and targeted

  • Number of times raised / suggested: 1 organisation

Flexibility (legislative and financial pressures)

  • Number of times raised / suggested: 6 organisations

Useful tool for the delivery of Public Service Reform

  • Number of times raised / suggested: 2 organisations

Improvement to efficiency and effectiveness of public functions

  • Number of times raised / suggested: 4 organisations

Reduces the burden on public bodies

  • Number of times raised / suggested: 1 organisation

Welcome scrutiny via consultation and enhanced super affirmative procedures to ensure proper use of the powers

  • Number of times raised / suggested: 1 individual, 4 organisations

Review of purpose or functions of certain organisations should be enacted in primary legislation (e.g. education)

  • Number of times raised / suggested: 1 organisation

Consideration to making this a permanent provision rather than reviewing every 5 years

  • Number of times raised / suggested: 2 organisations

Contact

Email: PublicBodiesUnitMailbox@gov.scot

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