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Coverage of FOISA

Coverage of the Freedom of Information (Scotland) Act 2002 (FOISA) can be extended, by order, to bodies that carry out functions of a public nature or which provide, under a contract with a Scottish public authority, a service which is a function of that authority. 

The Scottish Government is currently consulting on extending coverage of FOISA to Registered Social Landlords.  Information – including how to respond to the consultation – can be found at this consultation webpage.  Consultation concludes on 23 February 2017. 

To date, two orders have been made extending coverage of FOISA:

Information about the second order can be found at this consultation webpage.

Section 4 Orders

The list of public authorities covered by the Freedom of Information (Scotland) Act can be amended by an order under section 4 of FOISA which can remove bodies dissolved and add new bodies created. Three such orders have been made:

Report on the Use of the Section 5 Power

Under the terms of the Freedom of Information (Scotland) Act 2002 (as amended) the Scottish Ministers are required to lay a report before the Scottish Parliament every two years ‘about the exercise of the section 5 power’.  Two of these reports have now been laid and can be accessed below.

Coverage of FOISA 2017

Downloadable documents:

Title:Coverage of FOISA
Description:Coverage of FOISA
File:2017 report on the exercise of the Section 5 power under FOISA [PDF, 221.9 kb: 31 Oct 2017]
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File:2015 report on the exercise of the Section 5 power under FOISA [PDF, 290.5 kb: 31 Oct 2017]
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