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Freedom of Information (Scotland) Act 2002

Section 4 – Amendment of schedule 1

27.This section makes provision as to future amendment of schedule 1.

28.Section 4(1) provides that the Scottish Ministers may by order amend schedule 1 by adding a body or the holder of any office which is either a part of the Scottish Administration or is a Scottish public authority with mixed functions or no reserved functions. An order may also remove an authority from schedule 1. Such an order will be subject to negative resolution, unless it adds an authority but limits the extent of the information available in the way mentioned in section 7(1), in which case it will be subject to affirmative resolution.

29.The references to an authority with mixed functions or no reserved functions are to be read in accordance with Part III of Schedule 5 to the Scotland Act 1998. (A Scottish public authority with mixed functions is an authority whose functions relate to reserved and devolved matters, unless the authority is designated – by order under section 88 of the Scotland Act 1998 – a cross-border public authority.)

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