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Legislation

Freedom of Information (Scotland) Act 2002

The Freedom of Information (Scotland) Act 2002 came into force on 1 January 2005.

The Act introduced a general statutory right of access to all types of 'recorded' information of any age held by Scottish public authorities. Subject to certain conditions and exemptions, any person who makes a request for information will be entitled to receive it.

The Act is enforced by the Scottish Information Commissioner, a fully independent public official.

Related Scottish Statutory Instruments


Freedom of Information (Amendment) (Scotland) Act 2013

The Freedom of Information (Amendment) (Scotland) Act came into force on 31 May 2013.


Environmental Information (Scotland) Regulations 2004

Similar provisions are applicable to environmental information. Via this link you can find details on access to Environmental Information

The Environmental Information (Scotland) Amendment Regulations 2013 revise regulation 19 of the EIRs (the ‘offence’ provision) to mirror an amendment to the Freedom of Information (Scotland) Act 2002.


Codes of Practice

The Freedom of Information (Scotland) Act 2002 requires Scottish Ministers to issue two Codes of Practice under sections 60 and 61 of the Act.

Both Codes of Practice can be found here.


Section 59 Order

An order under section 59 of the Freedom of Information (Scotland) Act 2002 can amend the lifespans of certain exemptions.

Following consultation, the Scottish Parliament approved the terms of the order on 18 December 2013 which consequently came into effect on 1 April 2014.

A short consultation response paper can be found here.

The consultation paper can be found here with responses to the consultation available here.


Section 64 Order

An order under section 64 of FOISA can remove prohibitions contained in other legislation on the disclosure of certain information. One such order has been made: The Freedom of Information (Relaxation of Statutory Provisions on the Disclosure of Information) (Scotland) Order 2008.


Time for Compliance Regulations

For the purposes of FOISA, grant-aided and independent special schools are separate public authorities.  To take account of school holiday periods for these schools, following consultation, the Scottish Parliament approved the The Freedom of Information (Scotland) Act 2002 (Time for Compliance) Regulations 2016 varying the permitted timescales for these schools to respond to information requests and reviews.  Information on the consultation can be found on this consultation webpage.


Fees

The Fees Regulations (under Sections 9 and 13 of the Act)


Guidance Note on Handling Requests for Information Relating to National Security (including guidance on section 31 certificates)

Guidance Note on Handling Requests for Information Relating to National Security


UK FOI Act

Please note: For information on the UK Freedom of Information Act, please see the gov.uk website:

http://www.gov.uk/make-a-freedom-of-information-request/the-freedom-of-information-act