Requests for expenditure without statutory authority: FOI release

Information requested

1. All instances of Scottish Ministers seeking written authority to insist to the relevant Accountable Officer that expenditure be incurred without statutory authority since 8 May 2024 as per paragraph 12 of the expenditure without statutory authority rules set out in the Scottish Public Finance Manual. Please provide every instance of such written authority since that date and include what the expenditure was for, which minister requested such authority and the response from the relevant Accountable Officer.

2. All instances of Scottish Ministers requesting approval from the Scottish Government Directorate for Financial Management asking that expenditure be incurred without parliamentary authority since 8 May 2024 as per paragraph 15 of the expenditure without parliamentary authority rules set out in the Scottish Public Finance Manual. Please provide every instance of ministers requesting approval from the directorate since that date and include what the expenditure was for, which minister requested spending from the directorate and the response from the directorate.

Response

Question 1

While our aim is to provide information whenever possible, in this instance some of the information you have requested is available from the Scottish Parliament website:

Notification of expenditure without statutory authority Sentencing and Penal Policy Commission | Scottish Parliament Website
Notification of expenditure without statutory authority Creative Scotland | Scottish Parliament Website

However, the update to above letter is not publish as yet, the amended letter is included in the Annex 1.

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

We are also unable to provide some of the information you have requested because exemption under sections S33(1)(b) of FOISA apply to the information you have requested. We have considered whether there is a public interest in publication of this information and after having assessed all factors affecting this case, we have concluded that publication of the information, at this time, would likely substantially prejudice the commercial interests of the Scottish Government and its representatives.

Therefore, we have concluded that the public interest is best served in withholding the information. The information available to share is in the Annex 2.

In all the above instances the relevant Accountable Officer was content with the expenditure.

Question 2

Once again, while our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested since no such expenditure occurred.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202500466470 - Information released - Annex 1 and 2

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