Public Services Reform (Scotland) Act 2010: Extension of part 2 order making powers
Feedback updated 17 Apr 2025
We asked
We sought your views on the proposal for the Scottish Government to seek the Parliament’s approval to extend the duration of Part 2 Order Making Powers in the Public Services Reform (Scotland) Act 2010 for a further five year period from June 2025 to June 2030. The consultation opened on 16 December 2024 and closed on 10 February 2025.
You said
You provided us with 21 responses to the questions in our consultation. The responses came in from 15 organisations and six individuals.
With regards to the proposal to seek Parliament's approval to extend the Part 2 Order Making Powers for a further five years, our analysis of the responses found that 16 were in agreement, four opposed and one was neutral with no response given.
We did
We published the responses to the consultation on Citizen Space, where permission has been given to do this.
We also published a consultation analysis report on the Scottish Government website.
As the responses received clearly support the proposal to seek Parliament’s approval to extend the order making powers for a further five year period, we took the necessary action to allow Parliament to consider and scrutinise the request to extend the powers. The Minister for Public Finance gave evidence in relation to this at the Finance and Public Administration Committee on 11 March 2025, where the committee approved the motion to extend these powers. Parliament approved them on 26 March 2025. The Minister for Public Finance signed the SSI (Scottish Statutory Instrument) on 27 March 2025 and this will take effect from June 2025.
Published responses
View submitted responses where consent has been given to publish the response.
Overview
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. This consultation seeks views on whether Scottish Ministers should continue to hold these powers.
Read the consultation paper. The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.
Useful information about responding to this consultation
As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the consultation at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.
Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.
On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.
After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.
A analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us. You can also join our consulation mailing list where we regularly list newly published analysis reports (as well as new consultations).
Why your views matter
By taking part in this consultation, you will help shape decisions on whether Scottish Ministers should seek the approval of the Scottish Parliament to renew these powers for a further 5 year period. Your views will also help us understand the potential impacts (both positive and negative) that doing so may have.
What happens next
Following the closing date, all responses will be analysed and considered along with any other available evidence to help decide on next steps. If Ministers then decide to seek the approval of the Scottish Parliament to extend these powers, they will take steps to lay the necessary draft Order before Parliament.
Interests
- Public Sector
- Main hub
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