5

Before making an order under subsection (1), the Scottish Ministers must—

a

consult—

i

every person to whom the order relates, or

ii

persons appearing to them to represent such persons, and

b

also consult such other persons as they consider appropriate.

7AReports on section 5 power

1

In accordance with this section, the Scottish Ministers must lay before the Parliament reports about the exercise of the section 5 power.

2

The first report is to be laid on or before 31 October 2015.

3

Each subsequent report is to be laid no later than 2 years after the date on which the previous report is laid.

4

A report must—

a

state whether the section 5 power has been exercised during the reporting period, and

b

as the case may be—

i

explain how the power has been exercised during the reporting period (and why), or

ii

give the reason for leaving the power unexercised during the reporting period.

5

A report may—

a

summarise any response to a consultation carried out during the reporting period as regards the exercise of the section 5 power,

b

indicate any intention to exercise the power in the future,

c

include such additional information as the Scottish Ministers consider appropriate.

6

In this section—

• “reporting period” means—

  1. a

     in the case of the first report, period of time from the date on which section 1 of the Freedom of Information (Amendment) (Scotland) Act 2013 comes into force until the date on which the first report is laid,

  2. b

     in the case of a subsequent report, period of time from the date on which the previous report is laid until the date on which the subsequent report is laid,

• “section 5 power” means order-making power conferred by section 5(1).