Scottish Statutory Instruments
Freedom Of Information
Made
8th December 2014
Laid before the Scottish Parliament
10th December 2014
Coming into force
1st April 2015
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.
1. This Order may be cited as the Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2014 and comes into force on 1st April 2015.
2. In Part 7 of schedule 1 (Scottish public authorities: others) to the Freedom of Information (Scotland) Act 2002(2)—
(a)add the bodies listed in the Schedule to this Order in the appropriate place for each;
(b)remove entry 75A (The Public Transport Users’ Committee for Scotland);
(c)remove entry 94 (The Scottish Prison Complaints Commission); and
(d)remove entry 62ZZA (The Commissioner for Ethical Standards in Public Life in Scotland, in respect of certain functions), and add as new entry 62ZZA “The Commissioner for Ethical Standards in Public Life in Scotland.”.
JOE FITZPATRICK
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
8th December 2014
Article 2(a)
67B An integration joint board established by order under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014(3).
68ZA The James Hutton Institute.
71A The Moredun Research Institute.
(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 publically-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, removing the entry for “The Public Transport Users’ Committee for Scotland”, the entry for “The Scottish Prison Complaints Commission” and the entry for “The Commissioner for Ethical Standards in Public Life in Scotland” in respect of the Commissioner’s functions under the Public Appointments and Public Bodies etc. (Scotland) Act 2003. Article 2 also adds to Part 7 of schedule 1 to the Act the bodies listed in the Schedule to this Order, including the Commissioner for Ethical Standards in Public Life in Scotland in full.
Schedule 1 was relevantly amended by the Transport (Scotland) Act 2005 (asp 12), section 41(4) inserting entry 75A and by the Scottish Parliamentary Commissions and Commissioners etc. Act 2010 (asp 11), section 27(1) and the Public Services Reform (Commissioner for Ethical Standards in Public Life in Scotland etc.) Order 2013 (S.S.I. 2013/197), article 4(2)(c) and Schedule 2, paragraph 10 inserting and substituting entry 62ZZA.