FOI/EIR: Section 60 code of practice

Footnotes

1 This fulfils the statutory obligation on the Scottish Ministers under section 60 of FOISA and regulation 18 of the EIRs.

2 Briefings and guidance | Scottish Information Commissioner

3 Under FOISA information supplied in confidence by the UK Government to a Scottish public authority is not be considered held, but may still be requested from the relevant UK government department subject to UK FoI provision.

4 A Court of Session Decision (Glasgow City Council and Dundee City Council v Scottish Information Commissioner [2009] CSIH 73, issued on 30 September 2009) clarified that FOISA provides a right to obtain 'information' not copies of specific 'documents'. However, an authority can provide copies of documents if that is the easiest way to provide the information requested.

5 Under regulation 7 of the EIRs

6 For FOISA, see the Freedom of Information (Fees for Required Disclosure) (Scotland) Regulations 2004 and the Freedom of Information (Fees for Required Disclosure under section

7 Regulation 8(3) of the EIRs.

8 Model Publication Scheme: Guide for Scottish Public Authorities

9 Under section 6 of FOISA.

10 Under section 43 of FOISA and regulation 18 of the EIRs.

11 Under section 44 of FOISA and regulation 17 of the EIRs.

12 See section 51 of FOISA and regulation 17 of the EIRs.

13 Under section 50 of FOISA and regulation 17 of the EIRs.

14 Under section 47 of FOISA and regulation 17 of the EIRs.

15 See section 53 of FOISA.

16 Your Rights | Scottish Information Commissioner

17 Briefings and guidance | Scottish Information Commissioner

18 Your Rights FAQs | Scottish Information Commissioner

19 Regulation 7 of the EIRs.

20 This point was made clear in the Court of Session Decision, Glasgow City Council and Dundee City Council v Scottish Information Commissioner [2009] CSIH 73, issued on 30 September 2009.

21 As set out in sections 1(3) and 10(1)(b) of FOISA, and regulation 9(2) & (4) of the EIRs.

22 Under section 1(3) of FOISA the authority is not obliged to give the requested information until it has received the clarification sought. Under regulation 10(4)(c) of the EIRs the request may be refused if it is formulated in too general a matter and the authority has complied with its duty to provide advice and assistance.

23 Freedom of Information (Fees for Required Disclosure) (Scotland) Regulations 2004 (the Fees Regulations).

24 see Aarhus implementation Guide (esp. Pillar 1, article 4, para 8 (page 94))

25 Section 61 code of practice on records management - gov.scot

26 Public Records (Scotland) Act 2011

27 Exemption under section 33(1)(b) of FOISA, or exception under regulation 10(5)(e) or (f), or regulation 10(5)(c) of the EIRs.

28 Exemption under section 36(2) of FOISA, or exception under regulation 10(d) of the EIRs.

29 See Section 3(2) - Freedom of Information (Scotland) Act 2002 and regulation 2(2) - Environmental Information (Scotland) Regulations 2004

30 Section 12 of FOISA.

31 Regulation 10(4)(b) of the EIRs.

32 Under FOISA the authority should have already established the information is “reasonably obtainable” to the requester, not just generally. Under the EIRs, the information has to be publicly available and easily accessible to the requester.

33 Section 27(1) of FOISA.

34 Freedom of Information (Scotland) Act 2002

35 In terms of regulation 6 of the EIRs, an authority should comply with a requester’s request that the information be made available in a particular format unless it is reasonable for it to make the information available in another form or format; or the information is already publicly available and easily accessible to the requester in another form or format.

36 Equality Act 2010: guidance

37 See UNCRC (Incorporation) (Scotland) Act 2024 - part 2: statutory guidance - gov.scot

38 Contact Us page of the Commissioner’s website

39 Appeal to the Commissioner | Scottish Information Commissioner