Part 1

Access to information held by Scottish public authorities

Publication schemes

Publication schemes
23
1
A Scottish public authority must—
a
adopt and maintain a scheme (in this Act referred to as a “publication scheme”) which relates to the publication of information by the authority and is approved by the Commissioner;
b
publish information in accordance with that scheme; and
c
from time to time review that scheme.
2
A publication scheme must specify—
a
classes of information which the authority publishes or intends to publish;
b
the manner in which information of each class is, or is intended to be, published; and
c
whether the published information is, or is intended to be, available to the public free of charge or on payment.
3
In adopting or reviewing its publication scheme the authority must have regard to the public interest in—
a
allowing public access to information held by it and in particular to information which—
i
relates to the provision of services by it, the cost to it of providing them or the standards attained by services so provided; or
ii
consists of facts, or analyses, on the basis of which decisions of importance to the public have been made by it;
b
the publication of reasons for decisions made by it.
4
The authority must publish its publication scheme but may do so in such manner as it thinks fit.
5
The Commissioner may—
a
when approving a publication scheme, provide that the approval expires at the end of a specified period; and
b
at any time give notice to an authority revoking, as from the end of the period of six months beginning at that time, approval of its publication scheme.
6
The Commissioner, when—
a
refusing to approve a proposed publication scheme; or
b
revoking approval of a publication scheme,
must state the reason for doing so.
S. 23 wholly in force at 1.1.2005; s. 23 not in force at Royal Assent, see s. 75(1); s. 23 in force for certain purposes at 31.10.2003 by S.S.I. 2003/477, art 3(3); s. 23 wholly in force at 1.1.2005 by S.S.I. 2004/203, art. 3(2)