- Latest available (Revised)
- Point in Time (01/10/2006)
- Original (As enacted)
Point in time view as at 01/10/2006.
Freedom of Information (Scotland) Act 2002, Section 50 is up to date with all changes known to be in force on or before 17 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Where the Commissioner—
(a)has received an application under section 47(1); or
(b)reasonably requires information—
(i)for the purpose of determining whether a Scottish public authority has complied or is complying with the provisions of this Act; or
(ii)for the purpose of determining whether the practice of a Scottish public authority conforms with the code of practice issued under section 60 or 61,
that officer may give the authority notice in writing (referred to in this Act as “an information notice”) requiring it, within such time as is specified in the notice, to give the officer, in such form as may be so specified, such information relating to the application, to compliance with this Act or to conformity with the code of practice as is so specified.
(2)An information notice must contain—
(a)in a case mentioned in paragraph (a) of subsection (1) a statement that the Commissioner has received an application under section 47(1); or
(b)in a case mentioned in paragraph (b) of that subsection, a statement of—
(i)the purpose mentioned in that paragraph for which that officer regards the specified information as relevant;
(ii)the officer’s reasons for so regarding the information; and
(iii)the time within which the information is to be given.
(3)An information notice must contain also particulars of the right of appeal conferred by section 56.
(4)The time specified under subsection (2)(b)(iii) in an information notice must not expire before the end of the period within which an appeal may be brought under section 56 against the notice; and, if such an appeal is brought, the information need not be given pending the determination or withdrawal of the appeal.
(5)A Scottish public authority is not obliged by virtue of this section to give the Commissioner information in respect of—
(a)a communication between professional legal adviser and client in connection with the giving of legal advice to the client with respect to that client’s obligations under this Act; or
(b)a communication between professional legal adviser and client, or between such adviser or client and another person, made in connection with or in contemplation of proceedings under or arising out of this Act and for the purpose of such proceedings.
(6)In subsection (5), references to the client of a professional legal adviser include references to a person representing such client.
(7)Subject to subsection (5), neither—
(a)an obligation to maintain secrecy; nor
(b)any other restriction on disclosure,
however arising or imposed, affects the duty to comply with an information notice.
(8)The Commissioner may cancel an information notice by notice in writing given to the authority.
(9)In this section, “information” includes unrecorded information.
Modifications etc. (not altering text)
C1S. 50 applied (with modifications) (31.12.2009) by The INSPIRE (Scotland) Regulations 2009 (S.S.I. 2009/440), reg. 12(2)(d), Sch.
Commencement Information
I1S. 50 wholly in force at 30.4.2004; s. 50 not in force at Royal Assent see s. 75(1); s. 50 in force for certain purposes at 31.10.2003 by S.S.I. 2003/477, art. 3(4); s. 50 wholly in force at. 30.4.2004 by S.S.I. 2004/203, art. 3(1), Sch.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: