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Freedom of Information (Scotland) Act 2002
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Changes to legislation:
Freedom of Information (Scotland) Act 2002, Section 22 is up to date with all changes known to be in force on or before 22 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 22:
- sch. 1 para. 74A inserted by 2023 asp 6 sch. 2 para. 2(2)
- sch. 1 para. 107 inserted by 2024 asp 13 sch. para. 2(2)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- sch. 1 para. 74A inserted by 2023 asp 6 sch. 2 para. 2(2)
- sch. 1 para. 107 inserted by 2024 asp 13 sch. para. 2(2)
22 Special provisions relating to records transferred to KeeperS
This section has no associated Explanatory Notes
(1)Subsections (2) to (5) apply to information which—
(a)is contained in a record transferred to the Keeper of the Records of Scotland by a Scottish public authority; and
(b)has not been designated by the authority as open information for the purposes of this section.
(2)The Keeper must, as soon as practicable after receiving a request for information to which this subsection applies, send a copy of that request to the authority which transferred the information; and it is for the authority, instead of the Keeper, to come to a decision as to whether the information is exempt information by virtue of any provision of Part 2 and to determine any question then arising by virtue of paragraph (a) or (b) of section 2(1) as respects the information.
(3)After receiving the copy, the authority must, within such time as will make it practicable for the Keeper to comply with section 10 as respects the request, inform the Keeper of the decision mentioned in subsection (2) and of any determination required by virtue of that decision.
(4)The Keeper must, as soon as practicable after receiving a requirement for review in which the specification under section 20(3)(c)(ii) relates to a decision made by the authority by virtue of subsection (2), send a copy of that requirement to the authority; and it is for the authority, instead of the Keeper, to review the decision and to do anything which is to be done under section 21(4).
(5)After receiving the requirement, the authority must, within such time as will make it practicable for the Keeper to comply with subsection (5) of section 21 as respects the requirement, inform the Keeper of what it has done under subsection (4) of that section and provide a statement of its reasons for so doing; and it is that information and statement which the Keeper shall, in the notice in writing, give in so complying.
(6)Subsections (2) to (5) also apply to information which is contained in a record transferred to the Keeper, before 1st July 1999, by the Secretary of State for Scotland and is not designated by the Scottish Ministers as open information for the purposes of section 3(4); but for the purposes of that application references in subsections (2) to (5) to “the authority” are to be construed as references to the Scottish Ministers.
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