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

Closed 24 Feb 2020

Opened 30 Dec 2019

Feedback Updated 14 Apr 2020

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 5 year period from June 2020 to June 2025.  

You Said

You provided us with 15 responses to the question in our consultation. The responses came in from 10 organisations and 5 individuals.

With regard to the proposal to seek Parliaments approval to extend the part 2 order making powers for a further 5 years, our analysis of the responses found that 12 were in agreement, 3 advised they were unsure and no objections to the proposal were received. 

We Did

As the responses received clearly supported the proposal to seek Parliaments approval to extend the order making powers for a further 5 year period we have taken the necessary action to allow Parliament to consider and scrutinise the request to extend the powers.

 

Results Updated 14 Apr 2020

In response to this consultation we received 16 responses, although one response was duplicated, and therefore 15 responses was the number we concluded to be more accurate.

The consultation asked for views on the proposal for the Scottish Government to seek the approval of Parliament to extend Part Two Order Making Powers in the Public Services Reform (Scotland) Act 2010 for a further five years wef June 2020. The powers cannot be changed in any way and the consultation was very simple in asking if respondees were either in favour or against the proposal.

We received 3 responses which advised that they were unsure, 12 responses that were in favour and none against the proposal.

Overview

This consultation looks to obtain stakeholders views on Scottish Ministers proposal to seek the approval of Parliament to extend the duration of Part 2 order making powers in the Public Services Reform (Scotland) Act 2010. These order making powers have a 5 year shelf life attached to them which is due to end in June 2020.

These order making powers cannot be changed in anyway - only extended for a further 5 year period. This consultation explains what these order making powers are, sets how they have been used and why it is important to seek the Parliaments approval to extend the powers for a further 5 years.

Why We Are Consulting

We are providing the opportunity for those with an interest in this area to provide their views on the proposal to seek a further 5 year extension to the Part 2 order making powers in the Public Services Reform (Scotland) Act 2010.

The overarching purpose of the 2010 Act is to help simplify and improve the landscape of Scottish public bodies, to deliver more effective co-ordinated government that can better achieve its core functions.

Section 14 to 30 of, and schedules 5 to 7 to, the 2010 Act allow Ministers to make orders to add, remove or change the functions of public bodies to improve efficiency, effectiveness and economy, and to remove burdens.

In terms of section 134(3) of the 2010 Act, Part 2 of the Act ceases to have effect 5 years after being brought into force unless the Scottish Minister make an order extending the period of effect.

The powers cannot be changed in anyway so the consultation is limited to responders either being in favour or not in favour of the Ministers proposal to seek the Parliament's approval to extend the duration of Part 2 of the 2010 Act.

Read the consultation paper 

What Happens Next

Where respondents have given permission for their response to be made public, and after we have checked that they contain no potentially defamatory material, or offensive material, we will make responses available to the public at http://consult.scotland.gov.uk. If you use Citizen Space to respond, you will receive a copy of your response by email.

Interests

  • Communities and Third Sector
  • Constitution and Democracy
  • Public Sector
  • Scotland Performs