The Freedom of Information (Scotland) Act 2002 (Commencement No. 2) Order 2003

Explanatory Note

(This note is not part of the Order)

This Order brings into force further provisions of the Freedom of Information (Scotland) Act 2002 (“the Act”). Certain provisions have already been brought into force by section 75(1) of the Act and by an earlier commencement order (S.S.I. 2002/437).

Article 3 of this Order commences provisions for the preparation of publication schemes by public authorities for submission to and approval by the Scottish Information Commissioner.

The Order will also commence provisions which allow for–

(a) fees regulations to be made;

(b) the Scottish Information Commissioner to lay reports before the Scottish Parliament;

(c) the Scottish Information Commissioner to share information with the Scottish Public Services Ombudsman and the Information Commissioner;

(d) exemption of the Scottish Parliament and the Scottish Administration from prosecution under the Act; and

(e) public authorities to be immune from civil liability in respect of any failure to comply with any duty imposed under the Act.