Duty of user focus

The Public Services Reform (Scotland) Act ("the Act") (s112(1)) imposes a duty on the scrutiny bodies listed at Schedule 19 to the Act, to make arrangements which

• secure continuous improvement in user focus in the exercise of their scrutiny functions, and
• demonstrate that improvement" ("the duty of user focus").

"User focus" is defined by s112(2) of the Act as "the involvement of users of scrutinised services in the design and delivery of scrutiny functions in relation to those services and the governance of the listed scrutiny authorities".

Both "scrutinised services" and "users" of a service are defined in s112.

In complying with the duty of user focus, we must regard any guidance that Scottish Minsters may provide in relation to the duty, and to what are regarded as proper arrangements for compliance with the duty.

"Proper arrangements" may be those included in a generally recognised code, but they need not be included in such a code to be regarded as "proper arrangements". Where those arrangements are included in a generally recognised code, and that code conflicts with guidance provided by the Scottish Ministers, the recognised code will prevail (s113(5)).

Where we fail to comply with any guidance issued by the Scottish Ministers, Ministers may require a written explanation of why it has not been done. We must comply with such a requirement (s113(6)). The Scottish Ministers have the right (but not an obligation) to publish such an explanation (s113(7)).