Public Appointments and Public Bodies etc. (Scotland) Act 2003 Explanatory Notes

1. Introduction

2. The Act – an Overview

3. Commentary on Sections

   1. The Commissioner for Public Appointments in Scotland

      1. Section 1 – The Commissioner for Public Appointments in Scotland

      2. Section 2 – The Commissioner’s functions

      3. Section 3 – The Commissioner’s functions: further provision

   2. Dissolution of certain bodies

      1. Section 4 – Dissolution of certain bodies

   3. Health Service Bodies

      1. Section 5 – Property of the Scottish Hospital Trust

      2. Section 6 – Transfer of certain property between Health Boards and NHS trusts

      3. Section 7 – Investment and borrowing

      4. Section 8 – Endowment schemes

      5. Section 9 – Directions in relation to endowments

      6. Section 10 – Holding of certain property by NHS trusts and Health Boards

   4. Law Society functions etc. as to certain legal services

      1. Section 11 – Property etc. of the Scottish Conveyancing and Executry Services Board

      2. Section 12 – Regulation by the Law Society of conveyancing and executry services

      3. Section 13 – Scottish Solicitors’ Discipline Tribunal and certain practitioners

      4. Section 14 – Exercise by certain practitioners of notarial and other functions

      5. Section 15 –  The Historic Environment Advisory Council for Scotland

      6. Section 16 - The Advisory Council's Functions

   5. Miscellaneous provision

      1. Section 17 - Miscellaneous provision

   6. General provisions

      1. Sections 18 and 19 – Orders and regulations, Ancillary provision

      2. Schedule 1 - The Commissioner

         1. Paragraph 1 – Disqualification

         2. Paragraph 2 – Status

         3. Paragraph 3 – Validity of actings

         4. Paragraph 4 – Term of office and tenure

         5. Paragraph 5 – Vacancy in the office of the Commissioner

         6. Paragraph 6 – Remuneration

         7. Paragraph 7 – Pensions etc

         8. Paragraph 8 – Staff

         9. Paragraph 9 – Assessors

         10. Paragraph 10 – Delegation

         11. Paragraph 11 –  Financial provision

         12. Paragraph 12 – Accountable officer

         13. Paragraph 13 – Accounts and reports

         14. Paragraph 14 – Functions: supplementary provision

      3. Schedule 2 – The Specified Authorities

      4. Schedule 3 -The Advisory Council

         1. Paragraphs 1 and 2 - Status

         2. Paragraph 3 – Membership

         3. Paragraph 4 – Allowances etc.

         4. Paragraph 5 – Proceedings

         5. Paragraph 6 – Reports

         6. Paragraph 7 – Functions: supplementary provision

      5. Schedule 4 – Miscellaneous provision

         1. Paragraph 1 – Confirmation of Executors (Scotland) Act 1858 (c.56)

         2. Paragraph 2 – Historic Buildings and Ancient Monuments Act 1953 (c.49)

         3. Paragraph 3 – House of Commons Disqualification Act 1975 (c.24)

         4. Paragraph 4 – Race Relations Act 1976 (c.74)

         5. Paragraph 5 – National Health Service (Scotland) Act 1978 (c.29)

         6. Paragraph 6 – Ancient Monuments and Archaeological Areas Act 1979 (c.46)

         7. Paragraph 7 – Solicitors (Scotland) Act 1980 (c.46)

         8. Paragraph 8 – Law Reform (Miscellaneous Provisions)(Scotland) Act 1985 (c.73)

         9. Paragraph 9 – Legal Aid (Scotland) Act 1986 (c.47)

         10. Paragraph 10 – Electricity Act 1989 (c.29)

         11. Paragraph 11 – National Health Service and Community Care Act 1990 (c.19)

         12. Paragraph 12 – Law Reform (Miscellaneous Provisions)(Scotland) Act 1990 (c.40)

         13. Paragraph 13 – Planning (Listed Buildings and Conservation Areas)(Scotland) Act 1997 (c.9)

         14. Paragraph 14 – National Health Service (Primary Care) Act 1997 (c.46)

         15. Paragraph 15 – Ethical Standards in Public Life (Scotland) Act 2000 (asp 7)

         16. Paragraph 17 - Freedom of Information (Scotland) Act 2002 (asp 13)

4. Parliamentary History of Public Appointments and Public Bodies Etc (Scotland) Act 2003