Freedom of Information (Scotland) Act 2002: report on exercise of section 5 power

Report on the use made by the Scottish Ministers of their powers under section 5 of the Freedom of Information (Scotland) Act 2002 to extend coverage of the FOI legislation between November 2019 and October 2021.

Future intentions for use of the section 5 power

23. As mentioned above, the Scottish Government intends to bring forward a policy paper in the near future, setting out the Scottish Ministers' broad approach to the use of their section 5 power over the coming years, drawing on the evidence gathered during our 2019 consultation.

24. We note that as specific orders to extend FOISA are considered, further, targeted consultation will follow with the candidates for inclusion, in order to discharge the Scottish Ministers' statutory duty to consult every person to whom the section 5 order relates or persons appearing to the Ministers to represent the affected persons[1].



Back to top