Commentary on Sections National outcomes
6.Subsection (1) of section 1 provides that the Scottish Ministers must determine national outcomes. National outcomes are outcomes for Scotland that result from or are contributed to by the devolved functions set out in subsection (3) carried out by the persons set out in subsection (2). The provisions are wide to allow the inclusion of all organisations that could be considered as “public bodies”, and other organisations that carry out public functions, such as private or third sector bodies who are contracted to deliver public services. The persons included in the category of “Scottish public authority” include the Scottish Ministers and local authorities.
7.Subsection (4) requires that when determining the national outcomes, the Scottish Ministers must have regard to the reduction of inequalities of outcomes which result from socio-economic disadvantage.
8.Subsection (5)(a) requires the Scottish Ministers to consult persons who appear to them to represent the interests of communities in Scotland as well as any other persons they consider appropriate before determining the national outcomes. For the purposes of this provision, “community” is defined widely as including communities of interest, identity or geography (subsection (11)). Having consulted under subsection (5)(a), subsection (5)(b) requires the Scottish Ministers to prepare draft national outcomes and subsection (5)(c) requires the Scottish Ministers to consult the Scottish Parliament on these draft national outcomes for a period of 40 days (as defined in subsection (8)).
9.For the purposes of the consultation with the Scottish Parliament under subsection (5)(c), subsection (6) requires the Scottish Ministers to lay before the Parliament a document describing the consultation with the public carried out under subsection (5)(a), including details of any representations received and whether any account has been taken of these representations in preparing the draft national outcomes.
10.Subsection (7) provides that the national outcomes cannot be published until after the 40 day period for consulting the Scottish Parliament.
11.Subsection (9) imposes a duty on those persons set out in subsection (2) to have regard to the national outcomes in carrying out the devolved functions mentioned in subsection (3). The duty in subsection (9), however, does not apply to the Scottish Parliament and the Scottish Parliamentary Corporate Body (subsection (10)).