Public Services Reform (Scotland) Act 2010: Extension of Part 2 order making powers

Introduction

1. This consultation seeks views on extending the duration of order-making powers under Part 2 of the Public Services Reform (Scotland) Act 2010 (“the 2010 Act”), for a further 5 year period from May 2025.

2. Part 2 of the 2010 Act provides Scottish Ministers with order-making powers to improve the exercise of public functions in relation to efficiency, effectiveness and economy, and to reduce or remove burdens resulting from legislation.

3. These powers require to be renewed every 5 years in order to continue. The current powers are due to lapse in June 2025. Section 134(4) of the 2010 Act allows Scottish Ministers to further extend the 5 year period by order, subject to the approval of the Scottish Parliament.

4. We propose to seek the approval of Parliament to extend these order-making powers for a further 5 year period from June 2025. We would welcome views on this proposal.