Amendments
4Historical periods
1
In section 59 (power to vary periods mentioned in sections 57 and 58) of the FOI Act—
a
in subsection (1), the words “subsection (1) of section 57 or” are repealed,
b
after subsection (1) there is inserted—
1A
The Scottish Ministers may by order—
a
make provision modifying any enactment in accordance with which a record becomes a “historical record” for the purposes of this Part, and
b
do so by amending this Part or otherwise.
1B
Provision by virtue of subsection (1A) may (in particular) state that a record becomes such a “historical record”—
a
in relation to the exemption under section 41(a), at the end of—
i
a specified period (not exceeding 30 years) beginning with the date on which the record is created or a particular date in the calendar year following that date, or
ii
a specified period (not exceeding 30 years) beginning with the occurrence of an event apart from the creation of the record,
b
in relation to any other exemption under Part 2, at the end of a specified period (not exceeding 30 years) beginning with the date on which the record is created or a particular date in the calendar year following that date.
1C
An order under subsection (1) or (1A) may make different provision for—
a
records of different descriptions,
b
exemptions of different kinds,
c
different purposes in other respects.
c
in subsection (2)—
i
after the words “subsection (1)” there is inserted “or (1A)”,
ii
for the words “transitional provisions and savings” there is substituted “supplemental, incidental, consequential, transitional, transitory or saving provision”.
2
In section 72 (orders and regulations) of the FOI Act, after the words “59(1)” in subsection (2)(b) there is inserted “or (1A)”.