5. Further power to designate Scottish public authorities

1. (1) The Scottish Ministers may by order designate as a Scottish public authority for the purposes of this Act any person mentioned in subsection (2) who-
1. (a) is neither for the time being listed in schedule 1 nor capable of being added to that schedule by order under section 4(1); and
2. (b) is neither a public body nor the holder of any public office.
2. (2) The persons are those who either-
1. (a) appear to the Scottish Ministers to exercise functions of a public nature; or
2. (b) are providing, under a contract made with a Scottish public authority, any service whose provision is a function of that authority.
3. (3) An order under subsection (1) may designate a specified person or persons falling within a specified description.
4. (4)  An order under subsection (1) made by virtue of-
1. (a) subsection (2)(a) must specify the functions of a public nature which appear to be exercised;
2. (b) subsection (2)(b) must specify the service being provided.
5. (5) Before making an order under subsection (1), the Scottish Ministers must consult-
1. (a) every person to whom the order relates; or
2. (b) persons appearing to them to represent such persons.

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