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

How these powers have been used in practice

13. Since the introduction of the 2010 Act, the powers have been used to make important, but relatively straightforward, changes to public bodies.

14. Five orders have to date been taken forward using section 14 powers (efficiency, effectiveness and economy); with eight orders made using section 17 powers (removing or reducing burdens), and one order using both powers. The most recent Orders were made in 2020.

15. Examples of orders made using section 14 powers to improve efficiency, effectiveness and economy in public functions include:

• establishing a new office of Commissioner for Ethical Standards in Public Life in Scotland, to replace the Public Standards Commissioner for Scotland and the Public Appointments Commissioner for Scotland^[1];
• creating the roles of prison monitoring co-ordinator and independent prison monitor; and conferring functions around prison monitoring on HM Chief Inspector of Prisons^[2];
• extending the range of poverty and inequality issues that the Poverty and Inequality Commission can consider^[3]; and
• creating a new route for whistleblowers in the healthcare sector to bring complaints to the Scottish Public Services Ombudsman^[4].

16. Examples of orders made using section 17 powers to reduce or remove burdens resulting from legislation include:

• amending requirements relating to agricultural tenancies, to provide a greater level of confidence in the working relationship between landlords and tenant farmers^[5];
• helping to streamline and simplify the planning system in two specific areas^[6];
• allowing NHS National Services Scotland to provide shared services across the public sector with a view to improving efficiency and productivity^[7]; and
• enabling Ministers to recover the costs of Education Scotland carrying out inspection of independent Further Education colleges and English Language schools^[8].

17. More significant changes to the public bodies landscape have been delivered through primary legislation (e.g. the creation of Consumer Scotland through the Consumer Scotland Act 2020).