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Freedom of Information (Scotland) Act 2002


This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 Access to information held by Scottish public authorities

    1. Right to information

      1. 1.General entitlement

      2. 2.Effect of exemptions

      3. 3.Scottish public authorities

      4. 4.Amendment of schedule 1

      5. 5.Further power to designate Scottish public authorities

      6. 6.Publicly-owned companies

      7. 7.Public authorities to which Act has limited application

      8. 8.Requesting information

      9. 9.Fees

      10. 10.Time for compliance

      11. 11.Means of providing information

      12. 12.Excessive cost of compliance

      13. 13.Fees for disclosure in certain circumstances

      14. 14.Vexatious or repeated requests

      15. 15.Duty to provide advice and assistance

    2. Responses to request

      1. 16.Refusal of request

      2. 17.Notice that information is not held

      3. 18.Further provision as respects responses to request

    3. Content of certain notices

      1. 19.Content of certain notices

    4. Review of refusal, etc.

      1. 20.Requirement for review of refusal etc.

      2. 21.Review by Scottish public authority

    5. Records transferred to the Keeper of the Records of Scotland

      1. 22.Special provisions relating to records transferred to Keeper

    6. Publication schemes

      1. 23.Publication schemes

      2. 24.Model publication schemes

  3. Part 2 Exempt Information

    1. 25.Information otherwise accessible

    2. 26.Prohibitions on disclosure

    3. 27.Information intended for future publication

    4. 28.Relations within the United Kingdom

    5. 29.Formulation of Scottish Administration policy etc.

    6. 30.Prejudice to effective conduct of public affairs

    7. 31.National security and defence

    8. 32.International relations

    9. 33.Commercial interests and the economy

    10. 34.Investigations by Scottish public authorities and proceedings arising out of such investigations

    11. 35.Law enforcement

    12. 36.Confidentiality

    13. 37.Court records, etc.

    14. 38.Personal information

    15. 39.Health, safety and the environment

    16. 40.Audit functions

    17. 41.Communications with Her Majesty etc. and honours

  4. Part 3 The Scottish Information Commissioner

    1. 42.The Scottish Information Commissioner

    2. 43.General functions of Commissioner

    3. 44.Recommendations as to good practice

    4. 45.Confidentiality of information obtained by or furnished to Commissioner

    5. 46.Laying of reports

  5. Part 4 Enforcement

    1. 47.Application for decision by Commissioner

    2. 48.When application excluded

    3. 49.Commissioner’s decision

    4. 50.Information notices

    5. 51.Enforcement notices

    6. 52.Exception from duty to comply with certain notices

    7. 53.Failure to comply with notice

    8. 54.Powers of entry and inspection

    9. 55.No civil right of action against Scottish public authority

    10. 56.Appeal against notices under Part 4

  6. Part 5 Historical records

    1. 57.The expression “historical record”

    2. 58.Falling away of exemptions with time

    3. 59.Power to vary periods mentioned in sections 57 and 58

  7. Part 6 Codes of practice

    1. 60.Code of practice as to functions under this Act

    2. 61.Code of practice as to the keeping, management and destruction of records

  8. Part 7 Miscellaneous and supplemental

    1. 62.Power to make provision relating to environmental information

    2. 63.Disclosure of information to Scottish Public Services Ombudsman or to Information Commissioner

    3. 64.Power to amend or repeal enactments prohibiting disclosure of information

    4. 65.Offence of altering etc. records with intent to prevent disclosure

    5. 66.Saving for existing powers of disclosure

    6. 67.Protection from actions for defamation

    7. 68.Scottish Parliament and Scottish Administration

    8. 69.Exercise of rights by children

    9. 70.Amendment of Public Records (Scotland) Act 1937

    10. 71.Amendment of Scottish Public Services Ombudsman Act 2002

    11. 72.Orders and regulations

    12. 73.Interpretation

    13. 74.Giving of notice etc.

    14. 75.Commencement

    15. 76.Short title

    1. SCHEDULE 1

      Scottish Public Authorities

      1. Part 1 Ministers, The Parliament

        1. 1.The Scottish Ministers.

        2. 2.The Scottish Parliament.

        3. 3.The Scottish Parliamentary Corporate Body.

      2. Part 2 Non Ministerial Office Holders In The Scottish Administration

        1. 4.The Chief Dental Officer of the Scottish Administration.

        2. 5.The Chief Medical Officer of the Scottish Administration.

        3. 6.Her Majesty’s Chief Inspector of Constabulary.

        4. 7.Her Majesty’s Chief Inspector of Prisons for Scotland.

        5. 8.Her Majesty’s Inspector of Anatomy for Scotland.

        6. 9.Her Majesty’s Inspector of Fire Services for Scotland.

        7. 10.Her Majesty’s inspectors of schools (that is to say, the...

        8. 11.The Keeper of the Records of Scotland.

        9. 12.The Keeper of the Registers of Scotland.

        10. 13.A procurator fiscal.

        11. 14.The Queen’s and Lord Treasurer’s Remembrancer.

        12. 15.The Queen’s Printer for Scotland.

        13. 16.The Registrar General of Births, Deaths and Marriages for Scotland....

        14. 17.The Registrar of Independent Schools in Scotland.

        15. 18.A rent officer appointed under section 43(3) of the Rent...

        16. 19.A social work inspector (that is to say, an officer...

      3. Part 3 Local Government

        1. 20.An assessor appointed under section 27(2) of the Local Government...

        2. 21.A council constituted by section 2 of that Act.

        3. 22.A joint board, within the meaning of section 235(1) of...

        4. 23.A licensing board constituted in accordance with the provisions of...

        5. 24.The Strathclyde Passenger Transport Authority.

      4. Part 4 The National Health Service

        1. 25.The Clinical Standards Board for Scotland.

        2. 26.The Common Services Agency for the Scottish Health Service.

        3. 27.A Health Board, constituted under section 2 of the National...

        4. 28.The Health Education Board for Scotland.

        5. 29.The Health Technology Board for Scotland.

        6. 30.A local health council, established under section 7 of the...

        7. 31.A National Health Service trust.

        8. 32.NHS 24.

        9. 33.A person providing general medical services, general dental services, general...

        10. 34.A person providing personal medical services or personal dental services...

        11. 35.A person providing, in Scotland, piloted services within the meaning...

        12. 36.The Post Qualification Education Board for Health Service Pharmacists in...

        13. 37.The Scottish Advisory Committee on Distinction Awards.

        14. 38.The Scottish Advisory Committee on the Medical Workforce.

        15. 39.The Scottish Ambulance Service Board.

        16. 40.The Scottish Council for Post Graduate Medical and Dental Education....

        17. 41.The Scottish Dental Practice Board.

        18. 42.The Scottish Health Advisory Service.

        19. 43.The Scottish Hospital Endowments Research Trust.

        20. 44.The Scottish Hospital Trust.

        21. 45.The State Hospitals Board for Scotland.

        22. 46.The Scottish Medical Practices Committee.

      5. Part 5 Educational institutions

        1. 47.The board of management of a college of further education...

        2. 48.A central institution within the meaning of the Education (Scotland)...

        3. 49.An institution in receipt of funding from the Scottish Higher...

      6. Part 6 Police

        1. 50.A chief constable of a police force in Scotland.

        2. 51.A joint police board constituted by an amalgamation scheme made...

        3. 52.The Police Advisory Board for Scotland.

      7. Part 7 Others

        1. 53.The Accounts Commission for Scotland.

        2. 54.The Advisory Committee on Sites of Special Scientific Interest.

        3. 55.The Ancient Monuments Board for Scotland.

        4. 56.An area tourist board established by virtue of section 172(1)...

        5. 57.Audit Scotland.

        6. 58.The Auditor General for Scotland.

        7. 59.The Board of Trustees for the National Galleries of Scotland....

        8. 60.The Board of Trustees of the National Museums of Scotland....

        9. 61.The Board of Trustees of the Royal Botanic Garden, Edinburgh....

        10. 62.The Central Advisory Committee on Justices of the Peace.

        11. 63.The Crofters Commission.

        12. 64.The Deer Commission for Scotland.

        13. 65.The Fisheries Committee continued in existence by paragraph 5 of...

        14. 66.The General Teaching Council for Scotland.

        15. 67.Highlands and Islands Enterprise.

        16. 68.The Historic Buildings Council for Scotland.

        17. 69.A justice of the peace advisory committee.

        18. 70.Learning and Teaching Scotland.

        19. 71.The Local Government Boundary Commission for Scotland.

        20. 72.The Mental Welfare Commission for Scotland.

        21. 73.A National Park authority, established by virtue of schedule 1...

        22. 74.The Parole Board for Scotland.

        23. 75.A person appointed for Scotland under section 3(1) of the...

        24. 76.The Royal Commission on the Ancient and Historical Monuments of...

        25. 77.The Scottish Agricultural Wages Board.

        26. 78.The Scottish Arts Council.

        27. 79.The Scottish charities nominee, appointed under section 12 of the...

        28. 80.The Scottish Children’s Reporter Administration.

        29. 81.The Scottish Commission for the Regulation of Care.

        30. 82.The Scottish Conveyancing and Executry Services Board.

        31. 83.The Scottish Criminal Cases Review Commission.

        32. 84.Scottish Enterprise.

        33. 85.The Scottish Environment Protection Agency.

        34. 86.The Scottish Further Education Funding Council.

        35. 87.The Scottish Higher Education Funding Council.

        36. 88.Scottish Homes.

        37. 89.The Scottish Industrial Development Advisory Board.

        38. 90.The Scottish Information Commissioner.

        39. 91.The Scottish Law Commission.

        40. 92.The Scottish Legal Aid Board.

        41. 93.Scottish Natural Heritage.

        42. 94.The Scottish Prison Complaints Commission.

        43. 95.The Scottish Public Services Ombudsman.

        44. 96.The Scottish Qualifications Authority.

        45. 97.The Scottish Records Advisory Council.

        46. 98.Scottish Screen.

        47. 99.The Scottish Social Services Council.

        48. 100.The Scottish Sports Council.

        49. 101.The Scottish Tourist Board.

        50. 102.Scottish Water.

        51. 103.Social Inclusion Partnerships.

        52. 104.The Standards Commission for Scotland.

        53. 105.The Trustees of the National Library of Scotland.

        54. 106.The Water Industry Commissioner for Scotland.

    2. SCHEDULE 2

      The Scottish Information Commissioner

      1. 1.Status

      2. 2.Pensions, allowances, etc.

      3. 3.Staff

      4. 4.Accountable officer

      5. 5.Accounts

      6. 6.General powers

    3. SCHEDULE 3

      Powers Of Entry And Inspection

      1. 1.Grant of warrants

      2. 2.(1) A sheriff must not grant the warrant unless satisfied—...

      3. 3.Execution of warrants

      4. 4.The warrant must be executed at a reasonable hour, unless...

      5. 5.(1) If the premises in respect of which the warrant...

      6. 6.(1) A person seizing anything in pursuance of the warrant...

      7. 7.Matters exempt from inspection and seizure

      8. 8.(1) Subject to the provisions of this paragraph, the powers...

      9. 9.If the person in occupation of premises in respect of...

      10. 10.Offences

      11. 11.Vessels, vehicles etc.

    4. SCHEDULE 4

      Consequential Amendments To Scottish Public Services Ombudsman Act 2002

      1. 1.In section 19(8) of the Scottish Public Services Ombudsman Act...

      2. 2.In schedule 5 to that Act (which specifies persons or...

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