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.


25. As the first of our Six Principles of FOI sets out, the Scottish Government supports FOI as an essential part of open democratic government and responsive public services. We are therefore committed to making effective use of the powers in FOISA, including the section 5 power.

26. The section 5 power is used to protect and maintain existing information rights (as with the 2013 extension to certain arms-length external organisations) as well as expanding those rights further. This reflects the ever-evolving nature of the public sector and its delivery mechanisms.

27. During this reporting period we have concluded a full public consultation exercise to gather views on the future use of the section 5 power and we look forward to publishing a policy paper in the near future setting out the Scottish Ministers' broad approach to the future use of the powers.

28. We will continue to assess options for future section 5 orders with the objective of ensuring that coverage is robust and reflects changing patterns of public service delivery.



Back to top