Explanatory Notes

Freedom of Information (Scotland) Act 2002

2002 asp 13

28 May 2002

The Act – Section by Section

Part 1 – Access to information held by Scottish public authorities

Section 11 – Means of providing information

50.This section provides that, where an applicant expresses a preference for the information held by an authority to be supplied in any of the means specified in section 11(2), that authority must supply it by the means requested, provided it is “reasonably practicable” so to do, giving reasons if it does not. In determining what is reasonably practicable, an authority may have regard to all the circumstances, including costs. The applicant is not limited to one option. It will ultimately be for the Scottish Information Commissioner to determine what is reasonably practicable in the circumstances.

51.Section 11(5) provides that this section does not in any way detract from an authority’s obligations under the Disability Discrimination Act 1995 with respect to those applicants with a disability.