The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2013

Scottish Statutory Instruments

2013 No. 126

Freedom Of Information

The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2013

Made

18th April 2013

Laid before the Scottish Parliament

22nd April 2013

Coming into force

28th May 2013

The Scottish Ministers make the following Order in exercise of the powers conferred by section 4(1) of the Freedom of Information (Scotland) Act 2002(1) and all other powers enabling them to do so.

Citation and commencement

1.  This Order may be cited as the Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2013 and comes into force on 28th May 2013.

Scottish public authorities

2.  In Part 7 of schedule 1 to the Freedom of Information (Scotland) Act 2002 (Scottish public authorities: others)(2)—

(a) add the bodies listed in the Schedule to this Order in the appropriate place for each;

(b) remove entry 62 (The Central Advisory Committee on Justices of the Peace); and

(c) remove entry 69 (A justice of the peace advisory committee) and add as new entry 69 “A Justice of the Peace Advisory Committee established under the Justices of the Peace (Scotland) Order 2007.”.

NICOLA STURGEON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

18th April 2013

Article 2(a)

SCHEDULE

PART 7 OTHERS

62D.   The Criminal Courts Rules Council.

72A.   Mobility and Access Committee for Scotland.

80AA.   The Scottish Civil Justice Council.

EXPLANATORY NOTE

(This note is not part of the Order)

The obligations under the Freedom of Information (Scotland) Act 2002 (“the Act”) apply to Scottish public authorities. For the purpose of the Act, a “Scottish public authority” means a body or office which is listed in schedule 1 to the Act or designated by Order under section 5, or a publicly-owned company as defined by section 6. The list in schedule 1 to the Act may be amended, by adding or removing references to bodies or offices, by order under section 4(1) of the Act.

Article 2 amends Part 7 of schedule 1 to the Act to add the bodies listed in the Schedule to this Order, to remove the entry for “The Central Advisory Committee on Justices of the Peace” and to substitute the entry “A justice of the peace committee” with “A Justice of the Peace Advisory Committee established under the Justices of the Peace (Scotland) Order 2007.

(1)

2002 asp 13.

(2)

Relevant amendments to Part 7 of Schedule 1 to the Act are as follows. Entry 62C was inserted by the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 10, paragraph 3(a) and S.S.I. 2010/221. Entry 80A was inserted prospectively by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3), sections 226(1) and 227(3) and schedule 5, paragraph 28.