Freedom of Information (Scotland) Act 2002

1. Introductory Text

2. Part 1 Access To Information Held By Scottish Public Authorities

   1. Right to information

      1. 1. General entitlement

      2. 2. Effect of exemptions

      3. 3. Scottish public authorities

      4. 4. Amendment of schedule 1

      5. 5. Further power to designate Scottish public authorities

      6. 6. Publicly-owned companies

      7. 7. Public authorities to which Act has limited application

      8. 8. Requesting information

      9. 9. Fees

      10. 10. Time for compliance

      11. 11. Means of providing information

      12. 12. Excessive cost of compliance

      13. 13. Fees for disclosure in certain circumstances

      14. 14. Vexatious or repeated requests

      15. 15. Duty to provide advice and assistance

   2. Responses to request

      1. 16. Refusal of request

      2. 17. Notice that information is not held

      3. 18. Further provision as respects responses to request

   3. Content of certain notices

      1. 19. Content of certain notices

   4. Review of refusal, etc.

      1. 20. Requirement for review of refusal etc.

      2. 21. Review by Scottish public authority

   5. Records transferred to the Keeper of the Records of Scotland

      1. 22. Special provisions relating to records transferred to Keeper

   6. Publication schemes

      1. 23. Publication schemes

      2. 24. Model publication schemes

3. Part 2 Exempt Information

   1. 25. Information otherwise accessible

   2. 26. Prohibitions on disclosure

   3. 27. Information intended for future publication

   4. 28. Relations within the United Kingdom

   5. 29. Formulation of Scottish Administration policy etc.

   6. 30. Prejudice to effective conduct of public affairs

   7. 31. National security and defence

   8. 32. International relations

   9. 33. Commercial interests and the economy

   10. 34. Investigations by Scottish public authorities and proceedings arising out of such investigations

   11. 35. Law enforcement

   12. 36. Confidentiality

   13. 37. Court records, etc.

   14. 38. Personal information

   15. 39. Health, safety and the environment

   16. 40. Audit functions

   17. 41. Communications with Her Majesty etc. and honours

4. Part 3 The Scottish Information Commissioner

   1. 42. The Scottish Information Commissioner

   2. 43. General functions of Commissioner

   3. 44. Recommendations as to good practice

   4. 45. Confidentiality of information obtained by or furnished to Commissioner

   5. 46. Laying of reports

5. Part 4 Enforcement

   1. 47. Application for decision by Commissioner

   2. 48. When application excluded

   3. 49. Commissioner’s decision

   4. 50. Information notices

   5. 51. Enforcement notices

   6. 52. Exception from duty to comply with certain notices

   7. 53. Failure to comply with notice

   8. 54. Powers of entry and inspection

   9. 55. No civil right of action against Scottish public authority

   10. 56. Appeal against notices under Part 4

6. Part 5 Historical Records

   1. 57. The expression “historical record”

   2. 58. Falling away of exemptions with time

   3. 59. Power to vary periods mentioned in sections 57 and 58

7. Part 6 Codes Of Practice

   1. 60. Code of practice as to functions under this Act

   2. 61. Code of practice as to the keeping, management and destruction of records

8. Part 7 Miscellaneous And Supplemental

   1. 62. Power to make provision relating to environmental information

   2. 63. Disclosure of information to Scottish Public Services Ombudsman or to Information Commissioner

   3. 64. Power to amend or repeal enactments prohibiting disclosure of information

   4. 65. Offence of altering etc. records with intent to prevent disclosure

   5. 66. Saving for existing powers of disclosure

   6. 67. Protection from actions for defamation

   7. 68. Scottish Parliament and Scottish Administration

   8. 69. Exercise of rights by children

   9. 70. Amendment of Public Records (Scotland) Act 1937

   10. 71. Amendment of Scottish Public Services Ombudsman Act 2002

   11. 72. Orders and regulations

   12. 73. Interpretation

   13. 74. Giving of notice etc.

   14. 75. Commencement

   15. 76. Short title

9. 1. Schedule 1

      Scottish public authorities

      1. Part 1 Ministers, the Parliament

      2. Part 2 Non ministerial office holders in the Scottish Administration

      3. Part 3 Local Government

      4. Part 4 The National Health Service

      5. Part 5 Educational institutions

      6. Part 6 Police

      7. Part 7 Others

   2. Schedule 2

      The Scottish Information Commissioner

   3. Schedule 3

      Powers of entry and inspection

   4. Schedule 4

      Consequential amendments to Scottish Public Services Ombudsman Act 2002