Freedom of Information (Amendment) (Scotland) Act 2013

4 Historical 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(a) in subsection (1), the words “subsection (1) of section 57 or” are repealed,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)”.