2008 No. 339

FREEDOM OF INFORMATION

The Freedom of Information (Relaxation of Statutory Prohibitions on Disclosure of Information) (Scotland) Order 2008

Made

Coming into force

The Scottish Ministers make the following Order in exercise of the powers conferred by section 64(1) and (3) of the Freedom of Information (Scotland) Act 20021 and all other powers enabling them to do so.

In accordance with section 64(1) of that Act, it appears to the Scottish Ministers that by virtue of section 26(a) of the Act, the enactments amended by this Order are capable of preventing the disclosure of information under section 1 of the Act.

In accordance with section 72(2)(b) of that Act, a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement1

This Order may be cited as the Freedom of Information (Relaxation of Statutory Prohibitions on Disclosure of Information) (Scotland) Order 2008 and comes into force on 13th October 2008.

Factories Act 19612

In paragraph (a) of section 154A of the Factories Act 19612 (exception to the prohibition: public authorities) after “the Freedom of Information Act 2000” insert “or a Scottish public authority for the purposes of the Freedom of Information (Scotland) Act 2002”.

Offices, Shops and Railway Premises Act 19633

In paragraph (a) of section 59A of the Offices, Shops and Railway Premises Act 19633 (exception to restriction: public authorities) after “the Freedom of Information Act 2000” insert “or a Scottish public authority for the purposes of the Freedom of Information (Scotland) Act 2002”.

Medicines Act 19684

In paragraph (a) of section 118(1A) of the Medicines Act 19684 (restrictions on disclosure of information) after “the Freedom of Information Act 2000” insert “or a Scottish public authority for the purposes of the Freedom of Information (Scotland) Act 2002”.

Health and Safety at Work etc. Act 19745

1

Section 28 of the Health and Safety at Work etc. Act 19745 (restrictions on disclosure of information) is amended as follows.

2

In paragraph (f)(i) of subsection (3) after “the Freedom of Information Act 2000” insert “or a Scottish public authority for the purposes of the Freedom of Information (Scotland) Act 2002”.

3

In paragraph (a) of subsection (9A) after “the Freedom of Information Act 2000” insert “or a Scottish public authority for the purposes of the Freedom of Information (Scotland) Act 2002”.

Diseases of Fish Act 19836

After paragraph (d) of section 9(1) of the Diseases of Fish Act 19836 (disclosure of information) insert–

e

where–

i

the person making the disclosure is, or is acting on behalf of a person who is, a Scottish public authority for the purposes of the Freedom of Information (Scotland) Act 2002, and

ii

the information is not held by the authority on behalf of another person.

BRUCE CRAWFORDAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

(This note is not part of the Order)

Section 1 of the Freedom of Information (Scotland) Act 2002 (“the 2002 Act”) confers a general right of access to information held by Scottish public authorities. Section 26(a) provides that information is exempt from disclosure under section 1 if its disclosure, otherwise than under the 2002 Act, is prohibited by or under an enactment.

Section 64 of the 2002 Act gives Scottish Ministers the power to make an order to repeal or amend an enactment, in so far as it relates to any Scottish public authority, so as to remove or relax a prohibition that, by virtue of section 26(a) of the Act, is capable of preventing disclosure under section 1 of the Act.

This Order amends certain legislation to relax the statutory prohibitions on disclosure where the person making the disclosure is, or is acting on behalf of, a Scottish public authority for the purposes of the 2002 Act.

Articles 2 to 6 respectively amend section 154A(a) of the Factories Act 1961, section 59A(a) of the Office, Shops and Railway Premises Act 1963, section 118(1A)(a) of the Medicines Act 1968, sections 28(3)(f)(i) and 28(9A)(a) of the Health and Safety at Work etc. Act 1974 and section 9(1) of the Diseases of Fish Act 1983 so that offences of disclosure of information do not apply where the disclosure is for the purposes of the 2002 Act.