C: Guidance on Other Provisions in Part 2 of the Act
Duties on Scottish Ministers to Promote Community Planning
167. The duty under section 16 requires Scottish Ministers to promote community planning when they are carrying out any of their functions which might affect either community planning or a community planning partner as per section 16 of the Act. Ministers and Scottish Government officials will promote community planning in a range of contexts. These include in pursuing Public Service Reform; as part of related policy development work; and in engaging with community planning community planning partners which report to Ministers.
Establishment of Corporate Bodies
168. Section 17 of the 2015 Act sets out the circumstances in which a CPP may trigger a Ministerial order-making power to establish the partnership as a legally distinct corporate body.
169. The provision recognises that CPPs may wish to innovate and develop their collaborative working relationships and arrangements. The CPP may also wish to set itself up as a corporate body so it can hold its own budget, employ its own staff and own its own buildings.
170. Section 17 allows a CPP the opportunity to seek agreement to be established as a distinct legal entity, independent from any one partner. To be valid, the application must be made jointly by each of the partners in the CPP that are listed in section 13(2). These partners are subject to a shared responsibility to take reasonable steps to ensure the CPP carries out its functions effectively and efficiently. The application must specify the functions to be undertaken by the corporate body, details of any consultation undertaken and the outcome of that consultation.
171. Scottish Ministers will consider any valid joint application received. They may then, if they so wish, make regulations which establish the CPP as a body corporate. In considering an application, Ministers will want to take account of a number of factors, including governance of the incorporated body and the impact on how other community planning partners undertake community planning and otherwise fulfil their functions. Any regulations made by Ministers will be subject to scrutiny and approval by the Scottish Parliament.