Office of Public Sector Information
(introduced by section 20)
| Person or body | Matter |
|---|---|
| The Information Commissioner | 1. A matter in respect of which the Commissioner could exercise any power conferred by— (a)
Part V (enforcement) of the Data Protection Act 1998 (c. 29), (b)
section 48 (practice recommend-ations) of the Freedom of Information Act 2000 (c. 36), or (c)
Part IV (enforcement) of that Act 2. The commission of an offence under— (a)
any provision of the Data Protection Act 1998 (c. 29) other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or (b)
section 77 of the Freedom of Information Act 2000 (c. 36) (offence of altering etc. records with intent to prevent disclosure) |
| The Auditor General for Scotland | 1. The audit of an account under sections 21 and 22 of the Public Finance and Accountability (Scotland) Act 2000 (asp 1) (“the 2000 Act”) 2. A matter in respect of which the Auditor General could exercise the power conferred by subsection (1) (power to initiate economy, efficiency and effectiveness examinations) of section 23 of that Act 3. An examination under that section |
| A person appointed to audit an account under sections 21 and 22 of the 2000 Act | The audit of an account under those sections |
| A person appointed to carry out an examination under section 23 of the 2000 Act | An examination under that section |
| The Scottish Commission for Public Audit | A matter in respect of which the Commission could exercise the power conferred by section 25(4) (power to initiate economy, efficiency and effectiveness examinations in relation to Audit Scotland) of the 2000 Act |
| A person appointed to audit an account of Audit Scotland under subsection (1) of section 25 of the 2000 Act | The audit of an account under that subsection |
| A person appointed to carry out an examination under subsection (4) of section 25 of the 2000 Act | An examination under that subsection |
| The Accounts Commission for Scotland | A matter in respect of which the Commission could exercise any function conferred by section 97A (studies for improving economy etc. in services), 102(1) (power of Commission to require Controller of Audit to make a report), 103 (action by Commission on reports by Controller of Audit) or 105A (studies of benefit administration at request of Secretary of State) of the Local Government (Scotland) Act 1973 (c. 65) (“the 1973 Act”) |
| The Controller of Audit appointed under section 97(4) of the 1973 Act | A matter in respect of which the Controller of Audit could exercise any function conferred by section 102 (reports to Commission by Controller of Audit) of the 1973 Act |
| An auditor within the meaning of section 97(6) of the 1973 Act | The audit of an account under Part VII of the 1973 Act |
(introduced by section 25)
1 Part II (local administration) of, and Schedules 4 and 5 to, the Local Government (Scotland) Act 1975 are repealed.
2 Section 4 (payments to Commissioner for Local Administration in Scotland and his officers) of the Local Government (Scotland) Act 1978 is repealed.
3 In section 1 (power for authorities to incur expenditure to remedy injustices caused by maladministration) of the Local Government Act 1978, the words “and section 29 of the Local Government (Scotland) Act 1975” are repealed.
4 Section 184(2) (disclosure of information to Commissioner for Local Administration in Scotland) of the Local Government, Planning and Land Act 1980 is repealed.
5 Schedule 1 (powers of Commissioner for Local Administration in Scotland) to the Local Government (Miscellaneous Provisions) (Scotland) Act 1981 is repealed.
6 In section 115 (correspondence of patients) of the Mental Health (Scotland) Act 1984, in subsection (3), in paragraph (c), for the words from “, the Health” to the end substitute “or the Scottish Public Services Ombudsman;”.
7 In section 1 (hospital complaints procedure) of the Hospital Complaints Procedure Act 1985, in subsection (2), for “Health Service Commissioners Act 1993” substitute “Scottish Public Services Ombudsman Act 2002 (asp 11)”.
8 Section 55 (power of Commissioner to investigate SSHA and new town development corporations) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 is repealed.
9 In section 34 (confidentiality of information) of the Legal Aid (Scotland) Act 1986, in subsection (2), after paragraph (c) insert—
“(d) for the purposes of any investigation by the Scottish Public Services Ombudsman under the Scottish Public Services Ombudsman Act 2002 (asp 11).”
10 In Schedule 3 (local government administration) to the Local Government Act 1988, paragraphs 11 to 17 are repealed.
11 In Schedule 2 (amendments consequential on establishing of Scottish Homes and abolition of SSHA) to the Housing (Scotland) Act 1988, paragraph 4 is repealed.
12 In Schedule 1 (consequential amendments) to the Official Secrets Act 1989, paragraph 1(f) is repealed.
13 In the Local Government and Housing Act 1989, the following provisions are repealed—
(a) section 23(2) (advice and guidance by Commissioner),
(b) section 27 (implementation of recommendations of Commissioner),
(c) section 29 (consideration of adverse reports: Scotland), and
(d) in Schedule 11 (minor and consequential amendments), paragraphs 44 to 46.
14 The Health Service Commissioners Act 1993 is repealed.
15 In Schedule 13 (minor and consequential amendments) to the Local Government etc. (Scotland) Act 1994, in paragraph 100, sub-paragraphs (6) and (7) are repealed.
16 In Schedule 4 (minor and consequential amendments) to the Children (Scotland) Act 1995, paragraph 25 is repealed.
17 In Schedule 4 (determination of certain appeals by person appointed by Scottish Ministers) to the Town and Country Planning (Scotland) Act 1997, in paragraph 8(2), for the words from “an officer” to the end substitute “a member of the staff of the Scottish Administration shall be treated for the purposes of the Scottish Public Services Ombudsman Act 2002 (asp 11) as functions conferred on the Scottish Ministers.”
18 In Schedule 3 (determination of certain appeals by person appointed by Scottish Ministers) to the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, in paragraph 7(2), for the words from “an officer” to the end substitute “a member of the staff of the Scottish Administration shall be treated for the purposes of the Scottish Public Services Ombudsman Act 2002 (asp 11) as functions conferred on the Scottish Ministers.”
19 In the Schedule (determination of certain appeals by person appointed by Scottish Ministers) to the Planning (Hazardous Substances) (Scotland) Act 1997, in paragraph 7(2), for the words from “an officer” to the end substitute “a member of the staff of the Scottish Administration shall be treated for the purposes of the Scottish Public Services Ombudsman Act 2002 (asp 11) as functions conferred on the Scottish Ministers.”
20 Part II (Commissioner for Local Administration in Scotland) of the Scottish Legal Services Ombudsman and Commissioner for Local Administration in Scotland Act 1997 is repealed.
21 In section 8 (Standards Commission for Scotland) of the Ethical Standards in Public Life etc. (Scotland) Act 2000, in subsection (8)—
(a) for paragraph (b) substitute—
“(b) the Scottish Public Services Ombudsman,” and
(b) for “Commissioner” in the second place where it occurs substitute “Ombudsman”.
22 In schedule 5 (modification of enactments) to the National Parks (Scotland) Act 2000, paragraph 5 is repealed.
23 (1) The Freedom of Information Act 2000 is amended as follows.
(2) In section 76(1) (disclosure of information between Commissioner and ombudsmen), in the table—
(a) the entries relating to—
(i) the Health Service Commissioner for Scotland,
(ii) the Commissioner for Local Administration in Scotland, and
(iii) the Scottish Parliamentary Commissioner for Administration,
are repealed,
(b) after the entry relating to a Local Commissioner as defined by section 23(3) of the Local Government Act 1974, insert—
| “The Scottish Public Services Ombudsman | The Scottish Public Services Ombudsman Act 2002 (asp 11)”. |
(3) In Schedule 7 (disclosure of information by ombudsmen), paragraph 13 is repealed.
24 Section 66 (maladministration) of the Regulation of Care (Scotland) Act 2001 is repealed.
Scottish Public Services Ombudsman Act 2002