The Outcomes Approach
The Act ensures that the approach to government of having National Outcomes will continue in the long term. This means that the focus on achieving goals that improve the wellbeing and quality of life of the people of Scotland will continue. These duties do not require governments to use a particular model of purpose, targets, outcomes and indicators. They require National Outcomes to be determined, but there is flexibility as to how these may be presented and measured.
The Role of Public Bodies and Parliament
“Public bodies”, and other organisations that carry out public functions such as private or third sector bodies who contribute to deliver public services, must “have regard to” the National Outcomes in carrying out their devolved functions. The Scottish Ministers and local authorities are also included. The duty does not apply to the Scottish Parliament and the Scottish Parliamentary Corporate Body.
Developing the National Outcomes
When setting the National Outcomes, the Scottish Ministers must have regard to the reduction of inequalities of outcomes which result from socio-economic disadvantage. They must also consult persons who appear to them to represent the interests of communities in Scotland. ‘Community’ is defined widely in the Act as including communities based on common interest, identity and geography.
Reviewing the National Outcomes
Once the Scottish Ministers have published the National Outcomes they must begin to review them before the expiry of 5 years from publication at a minimum. Ministers can decide how frequently within that 5 year period they wish to review the National Outcomes. In any review of the Outcomes, Scottish Ministers must consult persons who appear to represent the interests of communities in Scotland and such other persons as they consider appropriate. The Scottish Ministers may revise the National Outcomes following a review. Any review revisions must then be consulted on with the Scottish Parliament for a period of 40 days. The same 40 day provision applies in the event that no revisions are proposed after a review has taken place.
Reporting on the National Outcomes
Reports about the extent to which the National Outcomes have been achieved or not achieved must be prepared and published by the Scottish Ministers when they consider it appropriate. The report must include information on progress since the previous report, however, the format of the reporting will be for the Scottish Ministers to decide.
Excerpts of the relevant statutory consultation requirements of the Act
Section 1(5) – Consultation process
Before determining the national outcomes, the Scottish Ministers must––
(a) consult—
(i) such persons who appear to them to represent the interests of communities in Scotland, and
(ii) such other persons as they consider appropriate,
(b) having consulted the persons mentioned in paragraph (a), prepare draft national outcomes, and
(c) consult the Scottish Parliament on the draft national outcomes during the consultation period.
Section 1(6) – Consultation report and laying before the Scottish Parliament
In consulting the Scottish Parliament under paragraph (c) of subsection (5), the Scottish Ministers must also lay before the Parliament a document describing—
(a) the consultation carried out under paragraph (a) of that subsection,
(b) any representations received in response to that consultation, and
(c) whether and if so how those representations have been taken account of in preparing draft national outcomes.
Section 1(7) and (8) – publishing the outcomes and length of “consultation period”
(7) The Scottish Ministers must, no earlier than the expiry of the consultation period, publish the national outcomes.
(8) In subsections (5) and (7), “consultation period” means the period of 40 days beginning with the day on which the consultation mentioned in subsection (5)(c) commences; and in calculating the period of 40 days, no account is to be taken of any time during which the Scottish Parliament is dissolved or in recess for more than 4 days.