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 2017 and October 2019.

Future intentions for use of the section 5 power

25. The extension of coverage of FOISA to registered social landlords and their subsidiaries on 11 November 2019 falls just outwith the reporting period. We would like to acknowledge the extensive efforts made by the Scottish Information Commissioner and his staff, and by the new Scottish public authorities, to ensure that they are fully prepared for the extension of information rights.

26. The present consultation on extending the coverage of FOISA seeks to establish the potential range of persons who may be identified as providing services on behalf of a Scottish public authority, and to inform how the Scottish Government might prioritise designating them. We anticipate that our consultation response will be published in Spring 2020, and that it will inform how the Ministers might prioritise further designation.

27. 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].



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