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Freedom of Information (Scotland) Act 2002

Section 8 – Requesting information

38.This section details the three conditions that must be fulfilled in order that a request for information is handled in accordance with the provisions of the Act.

39.The first condition is that the applicant has to submit their request in writing or in another form with some permanency capable of being used for subsequent reference. In this context, “in writing” covers a request transmitted by electronic means (for example by e‑mail), provided that it is legible to the receiving authority and capable of being used for subsequent reference. “Writing” is defined in Schedule 2 to the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999 (No.1379).

40.A request must also state the name and a correspondence address for the applicant, but the identity of the applicant is otherwise unlikely to be of concern to the authority except in the case of vexatious or repeated requests (section 14) or determining whether or not the request is for personal information (section 38). The supplying of the name and address of the applicant provides a contact point for the authority should it require additional information from the applicant to assist it in identifying and locating the information requested. It also gives an address to which the authority can send the requested information.

41.The final requirement is that the applicant describes the information requested.

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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills


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