Coronavirus (Scotland) Act 2020 (asp 7)

SCHEDULE 6 S Functioning of public bodies

PART 2 S Freedom of information

Interpretation S

2 S In this Part (other than this paragraph)—

(a) references to sections and Parts are to sections and Parts of the Freedom of Information (Scotland) Act 2002, and

(b) expressions used in this Part and in that Act have the same meaning as in that Act.

Time periods for responding to requests S

F1 3 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 6 para. 3 repealed (27.5.2020) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 4 para. 11(2)(a) (with s. 9)

F2 4 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 6 para. 4 repealed (27.5.2020) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 4 para. 11(2)(b) (with s. 9)

Extension of periods in which certain authorities may respond S

F3 5 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 6 para. 5 repealed (27.5.2020) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 4 para. 11(2)(c) (with s. 9)

Commissioner's ability to take account of impact of coronavirus S

6 (1) This paragraph applies in relation to an application made under section 47(1) (which is not excluded by section 48) in respect of which there is a failure of the Scottish public authority to comply with a relevant period. S

(2) Despite section 49(6), the Commissioner may decide that the Scottish public authority has not failed to comply with Part 1 by reason only of its failure to comply with a relevant period if the Commissioner is satisfied that the failure was—

(a) due to

[F4 (i)] the effect of coronavirus on the authority generally or its ability to carry out its functions (including any action it had to take to better utilise its resources to deal with the effect of coronavirus), [F5 or

(ii) the authority operating under requirements of Part 2 of this schedule that were subsequently repealed before the end of the period during which Part 1 of this Act is in force,] and

(b) reasonable in all the circumstances.

[F6 (2A) In considering whether the failure was reasonable in all the circumstances, the Commissioner must regard the public interest in section 1(1) being complied with promptly as the primary consideration.]

(3) For the purposes of this paragraph, “relevant period”, in relation to a request for information (or a subsequent requirement for review), means a period specified in section 10(1) or section 21(1), either as it has effect by virtue of paragraph 3 or otherwise.

Textual Amendments

F4 Sch. 6 para. 6(2)(a)(i): words in sch. 6 para. 6(2)(a) renumbered as sch. 6 para. 6(2)(a)(i) (27.5.2020) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 4 para. 10(2)(a) (with s. 9)

F5 Sch. 6 para. 6(2)(a)(ii) and word inserted (27.5.2020) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 4 para. 10(2)(b) (with s. 9)

F6 Sch. 6 para. 6(2A) inserted (27.5.2020) by Coronavirus (Scotland) (No.2) Act 2020 (asp 10), s. 16(1), sch. 4 para. 10(3) (with s. 9)

Giving notice electronically S

7 S Section 74(1)(a) (giving of notice etc.) has effect as if modified so that after sub-paragraph (ii) there were inserted “, or

(iii) transmitted by electronic means,”.