Freedom of Information (Scotland) Act 2002

Accountable officer

4 (1) The Parliamentary corporation is to designate the Commissioner or a member of that officer’s staff as the accountable officer for the purposes of this paragraph.

(2) The functions of the accountable officer are—

(a) those specified in sub-paragraph (3); and

(b) where the accountable officer is not the Commissioner, the duty set out in sub-paragraph (4),

and the accountable officer is answerable to the Parliament for the exercise of those functions.

(3) The functions referred to in sub-paragraph (2)(a) are—

(a) signing the accounts of the expenditure and receipts of the Commissioner;

(b) ensuring the propriety and regularity of the finances of the Commissioner; and

(c) ensuring that the resources of the Commissioner are used economically, efficiently and effectively.

(4) The duty referred to in sub-paragraph (2)(b) is a duty, where the accountable officer is required to act in some way but considers that to do so would be inconsistent with the proper performance of the functions specified in sub-paragraph (3), to—

(a) obtain written authority from the Commissioner before taking the action; and

(b) send a copy of that authority as soon as possible to the Auditor General.