Background
3.The Act amends the Freedom of Information (Scotland) Act 2002 (‘the 2002 Act’).
4.The 2002 Act has been in force since 1 January 2005. Two areas of the 2002 Act were identified as requiring amendment which could only be achieved through primary legislation.
5.The two areas concern:
the order-making power relating to the definition of what constitutes a ‘historical record’ and the lifespans of certain exemptions, and
the ability to prosecute in the event of information not being disclosed due to, for example, alteration, destruction or concealment.
6.The Act also expands the provisions in section 5 of the 2002 Act relating to the use of the power to extend coverage of the 2002 Act by widening the scope of consultation and introducing the requirement for Scottish Ministers to report periodically on the use (or otherwise) of the order-making power.
7.In addition, the Act makes two minor amendments intended to add clarity and strength to the 2002 Act. Both these amendments arise from the Special Report to the Scottish Parliament(1) submitted by the then Scottish Information Commissioner in January 2012.
