Freedom of Information (Scotland) Act 2002 - section 5 power: sixth report
Every two years Scottish Ministers are required to lay a report before the Scottish Parliament about the exercise of the section 5 power to extend the coverage of the Freedom of Information (Scotland) Act 2002 (FOISA). This sixth report covers the period 1 November 2023 to 27 October 2025.
Other actions to extend FOISA effected during the reporting period.
18. Whilst no specific order has been made under the section 5 power during the reporting period, the Scottish Government has legislated by other means to extend coverage of FOISA to further organisations.
19. The Circular Economy (Scotland) Act 2024 has made Zero Waste Scotland subject to FOISA since 1 April 2025 in recognition of that organisation’s role as Scotland’s circular economy public body.
20. The Regulation of Legal Services (Scotland) Act 2025 contains provisions which will make category 1 regulators of legal services subject to FOISA. This will make the Law Society of Scotland subject to FOISA for the first time in relation to its regulatory functions, following commencement of the relevant provisions.
21. The following newly established bodies have also become added to schedule 1 of FOISA during the reporting period: Scottish Pubs Code Adjudicator (added by the Scottish Pubs Code Adjudicator (Miscellaneous Listings) Order 2024); Patient Safety Commissioner for Scotland (added by the Patient Safety Commissioner for Scotland Act 2023); Scottish Food Commission (added by Good Food Nation (Scotland) Act 2022).
Contact
Email: foi@gov.scot