Part 1

Access to information held by Scottish public authorities

Right to information

Scottish public authorities
3
1
In this Act, “Scottish public authority” means—
a
any body which, any other person who, or the holder of any office which—
i
is listed in schedule 1; or
ii
is designated by order under section 5(1); or
b
a publicly-owned company, as defined by section 6.
2
For the purposes of this Act but subject to subsection (4), information is held by an authority if it is held—
a
by the authority otherwise than—
i
on behalf of another person; or
ii
in confidence, having been supplied by a Minister of the Crown or by a department of the Government of the United Kingdom; or
b
by a person other than the authority, on behalf of the authority.
3
Subsection (1)(a)(i) is subject to any qualification set out in schedule 1.
4
Information is not held by the Keeper of the Records of Scotland if it is contained in a record transferred to the Keeper by a public authority within the meaning of the Freedom of Information Act 2000 (c.36) unless it is information—
a
to which subsections (2) to (5) of section 22 apply by virtue of subsection (6) of that section; or
b
designated by that authority as open information for the purposes of this subsection.
5
Where the public authority mentioned in subsection (4) is the Secretary of State for Scotland and the information is contained in a record transferred as is mentioned in subsection (6) of section 22 the reference in subsection (4)(b) to “that authority” is to be construed as a reference to the Scottish Ministers.
S. 3 partly in force; s. 3 not in force at Royal Assent see s. 75(1); s. 3(1) in force at 30.9.2002 by S.S.I. 2002/437, art. 2