Freedom of Information (Scotland) Act 2002

3 Scottish public authorities S

(1) In this Act, “Scottish public authority” means—

(a) any body which, any other person who, or the holder of any office which—

(i) is listed in schedule 1; or

(ii) is designated by order under section 5(1); or

(b) a publicly-owned company, as defined by section 6.

(2) For the purposes of this Act but subject to subsection (4), information is held by an authority if it is held—

(a) by the authority otherwise than—

(i) on behalf of another person; or

(ii) in confidence, having been supplied by a Minister of the Crown or by a department of the Government of the United Kingdom; or

(b) by a person other than the authority, on behalf of the authority.

(3) Subsection (1)(a)(i) is subject to any qualification set out in schedule 1.

(4) Information is not held by the Keeper of the Records of Scotland if it is contained in a record transferred to the Keeper by a public authority within the meaning of the Freedom of Information Act 2000 (c.36) unless it is information—

(a) to which subsections (2) to (5) of section 22 apply by virtue of subsection (6) of that section; or

(b) designated by that authority as open information for the purposes of this subsection.

(5) Where the public authority mentioned in subsection (4) is the Secretary of State for Scotland and the information is contained in a record transferred as is mentioned in subsection (6) of section 22 the reference in subsection (4)(b) to “that authority” is to be construed as a reference to the Scottish Ministers.

Commencement Information

I1 S. 3 partly in force; s. 3 not in force at Royal Assent see s. 75(1); s. 3(1) in force at 30.9.2002 by S.S.I. 2002/437, art. 2