Public Services Reform (Scotland) Act 2010

113 User focus: guidance etc. S

(1) In fulfilling its duty under subsection (1) of section 112 a listed scrutiny authority must have regard—

(a) to any guidance in relation to the duty provided by the Scottish Ministers, and

(b) to what are regarded as proper arrangements for the purposes of that subsection (or purposes which include those purposes).

(2) Guidance provided by the Scottish Ministers may in particular include guidance on—

(a) how to make, and what is to be included in, arrangements for the purposes of that subsection,

(b) how to demonstrate continuous improvement in user focus.

(3) Arrangements may be regarded as proper arrangements for the purposes of that subsection by reference to a generally recognised published code or otherwise.

(4) Before providing guidance under this section the Scottish Ministers must consult any person they think fit.

(5) If there is a conflict between guidance provided under subsection (1)(a) and proper arrangements referred to in subsection (1)(b), the guidance prevails.

(6) The Scottish Ministers may require a listed scrutiny authority which does not comply with any guidance provided under subsection (1)(a) to provide a written explanation of why it has not done so; and the authority must comply with the requirement.

(7) The Scottish Ministers may publish an explanation provided under subsection (6).

Commencement Information

I1 S. 113 in force at 1.10.2010 by S.S.I. 2010/321, art. 3, Sch.