Freedom of Information (Scotland) Act 2002

61 Code of practice as to the keeping, management and destruction of records

(1) The Scottish Ministers are to issue, and may from time to time revise, a code of practice providing guidance to Scottish public authorities as to the practice which it would, in the opinion of the Ministers, be desirable for the authorities to follow in connection with the keeping, management and destruction of the authorities' records.

(2) The code may also include guidance as to the practice—

(a) to be adopted in relation to the transfer of records to the Keeper of the Records of Scotland;

(b) of reviewing records before they are so transferred; and

(c) to be adopted where one Scottish public authority holds records on behalf of another such authority.

(3) In exercising their functions under this section, the Scottish Ministers are to have regard to the public interest in allowing public access to information held by Scottish public authorities.

(4) The code may make different provision for different Scottish public authorities.

(5) Before issuing or revising the code the Scottish Ministers are to consult—

(a) the Commissioner; and

(b) the Keeper of the Records of Scotland.

(6) The Scottish Ministers must lay the code, and any revised code made under this section, before the Parliament.