Freedom of Information (Scotland) Act 2002
Part 1
Access to information held by Scottish public authorities
Right to information
1
General entitlement
2
Effect of exemptions
3
Scottish public authorities
4
Amendment of schedule 1
5
Further power to designate Scottish public authorities
6
Publicly-owned companies
7
Public authorities to which Act has limited application
7A
Reports on section 5 power
8
Requesting information
9
Fees
10
Time for compliance
11
Means of providing information
12
Excessive cost of compliance
13
Fees for disclosure in certain circumstances
14
Vexatious or repeated requests
15
Duty to provide advice and assistance
Responses to request
16
Refusal of request
17
Notice that information is not held
18
Further provision as respects responses to request
Content of certain notices
19
Content of certain notices
Review of refusal, etc.
20
Requirement for review of refusal etc.
21
Review by Scottish public authority
Records transferred to the Keeper of the Records of Scotland
22
Special provisions relating to records transferred to Keeper
Publication schemes
23
Publication schemes
24
Model publication schemes
Part 2
Exempt Information
25
Information otherwise accessible
26
Prohibitions on disclosure
27
Information intended for future publication
28
Relations within the United Kingdom
29
Formulation of Scottish Administration policy etc.
30
Prejudice to effective conduct of public affairs
31
National security and defence
32
International relations
33
Commercial interests and the economy
34
Investigations by Scottish public authorities and proceedings arising out of such investigations
35
Law enforcement
36
Confidentiality
37
Court records, etc.
38
Personal information
39
Health, safety and the environment
40
Audit functions
41
Communications with Her Majesty etc. and honours
Part 3
The Scottish Information Commissioner
42
The Scottish Information Commissioner
43
General functions of Commissioner
44
Recommendations as to good practice
45
Confidentiality of information obtained by or furnished to Commissioner
46
Laying and publication of reports
46A
Strategic plans
Part 4
Enforcement
47
Application for decision by Commissioner
48
When application excluded
49
Commissioner’s decision
50
Information notices
51
Enforcement notices
52
Exception from duty to comply with certain notices
53
Failure to comply with notice
54
Powers of entry and inspection
55
No civil right of action against Scottish public authority
56
Appeal against notices under Part 4
Part 5
Historical records
57
The expression “historical record”
58
Falling away of exemptions with time
59
Power to vary periods mentioned in sections 57 and 58
Part 6
Codes of practice
60
Code of practice as to functions under this Act
61
Code of practice as to the keeping, management and destruction of records
Part 7
Miscellaneous and supplemental
62
Power to make provision relating to environmental information
63
Disclosure of information to Scottish Public Services Ombudsman or to Information Commissioner
64
Power to amend or repeal enactments prohibiting disclosure of information
65
Offence of altering etc. records with intent to prevent disclosure
65A
Time limit for proceedings
66
Saving for existing powers of disclosure
67
Protection from actions for defamation
68
Scottish Parliament and Scottish Administration
69
Exercise of rights by children
70
Amendment of Public Records (Scotland) Act 1937
71
Amendment of Scottish Public Services Ombudsman Act 2002
72
Orders and regulations
73
Interpretation
74
Giving of notice etc.
75
Commencement
76
Short title
SCHEDULE 1
Scottish Public Authorities
Part 1
Ministers, The Parliament
1
The Scottish Ministers.
2
The Scottish Parliament.
3
The Scottish Parliamentary Corporate Body.
Part 2
Non Ministerial Office Holders In The Scottish Administration
4
The Chief Dental Officer of the Scottish Administration.
5
The Chief Medical Officer of the Scottish Administration.
6
Her Majesty’s Inspectors of Constabulary.
7
Her Majesty’s Chief Inspector of Prisons for Scotland.
7A
The Drinking Water Quality Regulator for Scotland
7B
Food Standards Scotland.
8
Her Majesty’s Inspector of Anatomy for Scotland.
9
Her Majesty's Chief Inspector of the Scottish Fire and Rescue...
10
Her Majesty’s inspectors of schools (that is to say, the...
11
The Keeper of the Records of Scotland.
12
The Keeper of the Registers of Scotland.
12A
The Office of the Scottish Charity Regulator
13
A procurator fiscal.
14
The Queen’s and Lord Treasurer’s Remembrancer.
15
The Queen’s Printer for Scotland.
16
The Registrar General of Births, Deaths and Marriages for Scotland....
17
The Registrar of Independent Schools in Scotland.
18
A rent officer appointed under section 43(3) of the Rent...
18A
The Scottish Court Service.
18AA
The Scottish Fiscal Commission
18B
The Scottish Housing Regulator.
19
A social work inspector appointed under section 4 of the...
Part 3
Local Government
20
An assessor appointed under section 27(2) of the Local Government...
21
A council constituted by section 2 of that Act.
22
A joint board, within the meaning of section 235(1) of...
23
A licensing board continued in existence by or established under...
24
The Strathclyde Passenger Transport Authority.
Part 4
The National Health Service
25
The Clinical Standards Board for Scotland.
26
The Common Services Agency for the Scottish Health Service.
27
A Health Board, constituted under section 2 of the National...
27A
Healthcare Improvement Scotland.
28
The Health Education Board for Scotland.
29
The Health Technology Board for Scotland.
29A
The National Waiting Times Centre Board
30
A local health council, established under section 7 of the...
31
A National Health Service trust.
32
NHS 24.
32A
NHS Education for Scotland
32B
NHS Health Scotland
32C. . . . . . . . . ....
33
A person providing primary medical services under a general medical...
34
A person providing primary medical services or personal dental services...
35
A person providing, in Scotland, piloted services within the meaning...
36
The Post Qualification Education Board for Health Service Pharmacists in...
37
The Scottish Advisory Committee on Distinction Awards.
38
The Scottish Advisory Committee on the Medical Workforce.
39
The Scottish Ambulance Service Board.
40
The Scottish Council for Post Graduate Medical and Dental Education....
41
The Scottish Dental Practice Board.
42
The Scottish Health Advisory Service.
43
The Scottish Hospital Endowments Research Trust.
44
The Scottish Hospital Trust.
45
The State Hospitals Board for Scotland.
46
The Scottish Medical Practices Committee.
Part 5
Educational institutions
47
The board of management of a college of further education...
48
A central institution within the meaning of the Education (Scotland)...
49
An institution in receipt of funding from the Scottish Further...
Part 6
Police
50
A chief constable of the Police Service of Scotland.
50A
The Scottish Police Authority.
51
A joint police board constituted by an amalgamation scheme made...
52
The Police Advisory Board for Scotland.
52A. . . . . . . . . ....
Part 7
Others
53
The Accounts Commission for Scotland.
54. . . . . . . . . ....
55. . . . . . . . . ....
56. . . . . . . . . ....
57
Audit Scotland.
58
The Auditor General for Scotland.
59
The Board of Trustees for the National Galleries of Scotland....
60
The Board of Trustees of the National Museums of Scotland....
61
The Board of Trustees of the Royal Botanic Garden, Edinburgh....
61A
Bòrd na Gàidhlig
61B
The British Waterways Board.
62. . . . . . . . . ....
62ZZZA
Children’s Hearings Scotland.
62ZZA
The Commissioner for Ethical Standards in Public Life in Scotland....
62ZA
The Commissioner for Children and Young People in Scotland
62A. . . . . . . . . ....
62B. . . . . . . . . ....
62ZZC
Community Justice Scotland.
62ZC
The Convener of the School Closure Review Panels.
62C
Creative Scotland.
62D
The Criminal Courts Rules Council.
63
The Crofters Commission.
63A
Crown Estate Scotland (Interim Management).
64. . . . . . . . . ....
65. . . . . . . . . ....
66
The General Teaching Council for Scotland.
66A
Her Majesty's Chief Inspector of Prosecution in Scotland
67
Highlands and Islands Enterprise.
67ZA
Historic Environment Scotland.
67A
The Historic Environment Advisory Council for Scotland.
67B
An integration joint board established by order under section 9(2)...
68. . . . . . . . . ....
68ZA
The James Hutton Institute.
68A
The Judicial Appointments Board for Scotland
69
... A Justice of the Peace Advisory Committee established under...
70
Learning and Teaching Scotland.
71
The Local Government Boundary Commission for Scotland.
71A
The Moredun Research Institute.
72
The Mental Welfare Commission for Scotland.
72A
Mobility and Access Committee for Scotland.
73
A National Park authority, established by virtue of schedule 1...
74
The Parole Board for Scotland.
75
A person appointed for Scotland under section 3(1) of the...
75ZA. . . . . . . . . ....
75A. . . . . . . . . ....
75AB
The Police Investigations and Review Commissioner.
75B
Quality Meat Scotland
75C
The Risk Management Authority
76. . . . . . . . . ....
76A
A School Closure Review Panel constituted under section 17A(3) of...
77
The Scottish Agricultural Wages Board.
78. . . . . . . . . ....
79. . . . . . . . . ....
79A
The Scottish Association of Citizens Advice Bureaux, but only in...
80
The Scottish Children’s Reporter Administration.
80A
The Scottish Civil Enforcement Commission.
80AA
The Scottish Civil Justice Council.
80B
The Scottish Commission for Human Rights.
81. . . . . . . . . ....
82. . . . . . . . . ....
83
The Scottish Criminal Cases Review Commission.
84
Scottish Enterprise.
85
The Scottish Environment Protection Agency.
85ZA
The Scottish Fire and Rescue Service.
85A
The Scottish Further and Higher Education Funding Council.
85B. . . . . . . . . ....
86. . . . . . . . . ....
87. . . . . . . . . ....
88. . . . . . . . . ....
89. . . . . . . . . ....
90
The Scottish Information Commissioner.
90A
The Scottish Land Commission.
91
The Scottish Law Commission.
92
The Scottish Legal Aid Board.
92A
The Scottish Legal Complaints Commission.
92B
The Scottish Local Authorities Remuneration Committee
93
Scottish Natural Heritage.
94. . . . . . . . . ....
95
The Scottish Public Services Ombudsman.
96
The Scottish Qualifications Authority.
97. . . . . . . . . ....
98. . . . . . . . . ....
98A
The Scottish Sentencing Council.
99
The Scottish Social Services Council.
100
The Scottish Sports Council.
101. . . . . . . . . ....
102
Scottish Water.
102A
Social Care and Social Work Improvement Scotland.
103. . . . . . . . . ....
104
The Standards Commission for Scotland.
105
The National Library of Scotland .
105A
VisitScotland.
106
The Water Industry Commission for Scotland.
SCHEDULE 2
The Scottish Information Commissioner
1
Status
2
Pensions, allowances, etc.
3
Staff
4
Accountable officer
Budget
4A
(1) The Commissioner must, before the start of each financial...
5
Accounts
6
General powers
Location of office
7
The Commissioner must comply with any direction given by the...
Sharing of premises, staff, services and other resources
8
The Commissioner must comply with any direction given by the...
Restrictions on subsequent appointments etc.
9
(1) A person who has ceased being the Commissioner may...
SCHEDULE 3
Powers Of Entry And Inspection
1
Grant of warrants
2
(1) A sheriff must not grant the warrant unless satisfied—...
3
Execution of warrants
4
The warrant must be executed at a reasonable hour, unless...
5
(1) If the premises in respect of which the warrant...
6
(1) A person seizing anything in pursuance of the warrant...
7
Matters exempt from inspection and seizure
8
(1) Subject to the provisions of this paragraph, the powers...
9
If the person in occupation of premises in respect of...
10
Offences
11
Vessels, vehicles etc.
SCHEDULE 4
Consequential Amendments To Scottish Public Services Ombudsman Act 2002
1
In section 19(8) of the Scottish Public Services Ombudsman Act...
2
In schedule 5 to that Act (which specifies persons or...

Freedom of Information (Scotland) Act 2002
2002 asp 13
An Act of the Scottish Parliament to make provision for the disclosure of information held by Scottish public authorities or by persons providing services for them; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 24th April 2002 and received Royal Assent on 28th May 2002.