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Freedom of Information (Scotland) Act 2002

Section 72 – Orders and regulations

162.A statutory instrument made under each of the following sections is subject to annulment by resolution of the Scottish Parliament (this is known as negative resolution):

  • section 4(1) (orders relating to the amendment of schedule 1, except those which list an authority in the way mentioned in section 7(1))

  • section 13(1) (regulations relating to fees for disclosure in certain circumstances)

  • section 62(3) (regulations relating to access to environmental information)

163.A statutory instrument made under any of the following sections has to be laid before and approved by resolution of the Scottish Parliament (this is known as affirmative resolution):

  • section 4(1) (orders which list an authority in the way mentioned in section 7(1))

  • section 5(1) (orders designating further Scottish public authorities)

  • section 7(2) (orders limiting, or removing any limitation to, the extent to which the Act applies to a Scottish public authority listed in schedule 1)

  • section 7(4)(b) (orders describing information held by a publicly-owned company)

  • section 9(4) (regulations relating to fees and charges)

  • section 10(4) (regulations which vary the time in which a request must be handled)

  • section 12 (regulations relating to excessive cost provisions)

  • section 20(7) (regulations to vary the time limits within which an applicant may request a requirement for review)

  • section 21(6) (regulations to vary the time in which the requirement for review must be considered)

  • section 47(6) (regulations to vary the time in which the Commissioner must reach a decision on an appeal)

  • section 59(1) (orders to vary the periods after which certain exemptions do not apply)

  • section 64(1) (orders which amend or repeal prohibitions on disclosure)

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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