Freedom of Information (Scotland) Act 2002

1. Introductory Text

2. Part 1 Access to information held by Scottish public authorities

   1. Right to information

      1. 1. General entitlement

      2. 2. Effect of exemptions

      3. 3. Scottish public authorities

      4. 4. Amendment of schedule 1

      5. 5. Further power to designate Scottish public authorities

      6. 6. Publicly-owned companies

      7. 7. Public authorities to which Act has limited application

      8. 7A. Reports on section 5 power

      9. 8. Requesting information

      10. 9. Fees

      11. 10. Time for compliance

      12. 11. Means of providing information

      13. 12. Excessive cost of compliance

      14. 13. Fees for disclosure in certain circumstances

      15. 14. Vexatious or repeated requests

      16. 15. Duty to provide advice and assistance

   2. Responses to request

      1. 16. Refusal of request

      2. 17. Notice that information is not held

      3. 18. Further provision as respects responses to request

   3. Content of certain notices

      1. 19. Content of certain notices

   4. Review of refusal, etc.

      1. 20. Requirement for review of refusal etc.

      2. 21. Review by Scottish public authority

   5. Records transferred to the Keeper of the Records of Scotland

      1. 22. Special provisions relating to records transferred to Keeper

   6. Publication schemes

      1. 23. Publication schemes

      2. 24. Model publication schemes

3. Part 2 Exempt Information

   1. 25. Information otherwise accessible

   2. 26. Prohibitions on disclosure

   3. 27. Information intended for future publication

   4. 28. Relations within the United Kingdom

   5. 29. Formulation of Scottish Administration policy etc.

   6. 30. Prejudice to effective conduct of public affairs

   7. 31. National security and defence

   8. 32. International relations

   9. 33. Commercial interests and the economy

   10. 34. Investigations by Scottish public authorities and proceedings arising out of such investigations

   11. 35. Law enforcement

   12. 36. Confidentiality

   13. 37. Court records, etc.

   14. 38. Personal information

   15. 39. Health, safety and the environment

   16. 40. Audit functions

   17. 41. Communications with Her Majesty etc. and honours

4. Part 3 The Scottish Information Commissioner

   1. 42. The Scottish Information Commissioner

   2. 43. General functions of Commissioner

   3. 44. Recommendations as to good practice

   4. 45. Confidentiality of information obtained by or furnished to Commissioner

   5. 46. Laying and publication of reports

   6. 46A. Strategic plans

5. Part 4 Enforcement

   1. 47. Application for decision by Commissioner

   2. 48. When application excluded

   3. 49. Commissioner’s decision

   4. 50. Information notices

   5. 51. Enforcement notices

   6. 52. Exception from duty to comply with certain notices

   7. 53. Failure to comply with notice

   8. 54. Powers of entry and inspection

   9. 55. No civil right of action against Scottish public authority

   10. 56. Appeal against notices under Part 4

6. Part 5 Historical records

   1. 57. The expression “historical record”

   2. 58. Falling away of exemptions with time

   3. 59. Power to vary periods mentioned in sections 57 and 58

7. Part 6 Codes of practice

   1. 60. Code of practice as to functions under this Act

   2. 61. Code of practice as to the keeping, management and destruction of records

8. Part 7 Miscellaneous and supplemental

   1. 62. Power to make provision relating to environmental information

   2. 63. Disclosure of information to Scottish Public Services Ombudsman or to Information Commissioner

   3. 64. Power to amend or repeal enactments prohibiting disclosure of information

   4. 65. Offence of altering etc. records with intent to prevent disclosure

   5. 65A. Time limit for proceedings

   6. 66. Saving for existing powers of disclosure

   7. 67. Protection from actions for defamation

   8. 68. Scottish Parliament and Scottish Administration

   9. 69. Exercise of rights by children

   10. 70. Amendment of Public Records (Scotland) Act 1937

   11. 71. Amendment of Scottish Public Services Ombudsman Act 2002

   12. 72. Orders and regulations

   13. 73. Interpretation

   14. 74. Giving of notice etc.

   15. 75. Commencement

   16. 76. Short title

9. 1. SCHEDULE 1

      Scottish Public Authorities

      1. Part 1 Ministers, The Parliament

         1. 1. The Scottish Ministers.

         2. 2. The Scottish Parliament.

         3. 3. The Scottish Parliamentary Corporate Body.

      2. Part 2 Non Ministerial Office Holders In The Scottish Administration

         1. 4. The Chief Dental Officer of the Scottish Administration.

         2. 5. The Chief Medical Officer of the Scottish Administration.

         3. 6. Her Majesty’s Inspectors of Constabulary.

         4. 7. Her Majesty’s Chief Inspector of Prisons for Scotland.

         5. 7A. The Drinking Water Quality Regulator for Scotland

         6. 8. Her Majesty’s Inspector of Anatomy for Scotland.

         7. 9. Her Majesty's Chief Inspector of the Scottish Fire and Rescue...

         8. 10. Her Majesty’s inspectors of schools (that is to say, the...

         9. 11. The Keeper of the Records of Scotland.

         10. 12. The Keeper of the Registers of Scotland.

         11. 12A. The Office of the Scottish Charity Regulator

         12. 13. A procurator fiscal.

         13. 14. The Queen’s and Lord Treasurer’s Remembrancer.

         14. 15. The Queen’s Printer for Scotland.

         15. 16. The Registrar General of Births, Deaths and Marriages for Scotland....

         16. 17. The Registrar of Independent Schools in Scotland.

         17. 18. A rent officer appointed under section 43(3) of the Rent...

         18. 18A. The Scottish Court Service.

         19. 19. A social work inspector appointed under section 4 of the...

      3. Part 3 Local Government

         1. 20. An assessor appointed under section 27(2) of the Local Government...

         2. 21. A council constituted by section 2 of that Act.

         3. 22. A joint board, within the meaning of section 235(1) of...

         4. 23. A licensing board continued in existence by or established under...

         5. 24. The Strathclyde Passenger Transport Authority.

      4. Part 4 The National Health Service

         1. 25. The Clinical Standards Board for Scotland.

         2. 26. The Common Services Agency for the Scottish Health Service.

         3. 27. A Health Board, constituted under section 2 of the National...

         4. 27A. Healthcare Improvement Scotland.

         5. 28. The Health Education Board for Scotland.

         6. 29. The Health Technology Board for Scotland.

         7. 29A. The National Waiting Times Centre Board

         8. 30. A local health council, established under section 7 of the...

         9. 31. A National Health Service trust.

         10. 32. NHS 24.

         11. 32A. NHS Education for Scotland

         12. 32B. NHS Health Scotland

         13. 32C. . . . . . . . . . ....

         14. 33. A person providing primary medical services under a general medical...

         15. 34. A person providing primary medical services or personal dental services...

         16. 35. A person providing, in Scotland, piloted services within the meaning...

         17. 36. The Post Qualification Education Board for Health Service Pharmacists in...

         18. 37. The Scottish Advisory Committee on Distinction Awards.

         19. 38. The Scottish Advisory Committee on the Medical Workforce.

         20. 39. The Scottish Ambulance Service Board.

         21. 40. The Scottish Council for Post Graduate Medical and Dental Education....

         22. 41. The Scottish Dental Practice Board.

         23. 42. The Scottish Health Advisory Service.

         24. 43. The Scottish Hospital Endowments Research Trust.

         25. 44. The Scottish Hospital Trust.

         26. 45. The State Hospitals Board for Scotland.

         27. 46. The Scottish Medical Practices Committee.

      5. Part 5 Educational institutions

         1. 47. The board of management of a college of further education...

         2. 48. A central institution within the meaning of the Education (Scotland)...

         3. 49. An institution in receipt of funding from the Scottish Further...

      6. Part 6 Police

         1. 50. A chief constable of the Police Service of Scotland.

         2. 50A. The Scottish Police Authority.

         3. 51. A joint police board constituted by an amalgamation scheme made...

         4. 52. The Police Advisory Board for Scotland.

         5. 52A. . . . . . . . . . ....

      7. Part 7 Others

         1. 53. The Accounts Commission for Scotland.

         2. 54. The Advisory Committee on Sites of Special Scientific Interest.

         3. 55. The Ancient Monuments Board for Scotland.

         4. 56. An area tourist board established by virtue of section 172(1)...

         5. 57. Audit Scotland.

         6. 58. The Auditor General for Scotland.

         7. 59. The Board of Trustees for the National Galleries of Scotland....

         8. 60. The Board of Trustees of the National Museums of Scotland....

         9. 61. The Board of Trustees of the Royal Botanic Garden, Edinburgh....

         10. 61A. Bòrd na Gàidhlig

         11. 61B. The British Waterways Board.

         12. 62. The Central Advisory Committee on Justices of the Peace.

         13. 62ZZZA. Children’s Hearings Scotland.

         14. 62ZZA. The Commissioner for Ethical Standards in Public Life in Scotland...

         15. 62ZA. The Commissioner for Children and Young People in Scotland

         16. 62A. A community justice authority.

         17. 62B. . . . . . . . . . ....

         18. 62C. Creative Scotland.

         19. 62D. The Criminal Courts Rules Council.

         20. 63. The Crofters Commission.

         21. 64. The Deer Commission for Scotland.

         22. 65. The Fisheries Committee continued in existence by paragraph 5 of...

         23. 66. The General Teaching Council for Scotland.

         24. 66A. Her Majesty's Chief Inspector of Prosecution in Scotland

         25. 67. Highlands and Islands Enterprise.

         26. 67A. The Historic Environment Advisory Council for Scotland.

         27. 68. The Historic Buildings Council for Scotland.

         28. 68A. The Judicial Appointments Board for Scotland

         29. 69. ... A Justice of the Peace Advisory Committee established under...

         30. 70. Learning and Teaching Scotland.

         31. 71. The Local Government Boundary Commission for Scotland.

         32. 72. The Mental Welfare Commission for Scotland.

         33. 72A. Mobility and Access Committee for Scotland.

         34. 73. A National Park authority, established by virtue of schedule 1...

         35. 74. The Parole Board for Scotland.

         36. 75. A person appointed for Scotland under section 3(1) of the...

         37. 75ZA. The Public Appointments Commissioner for Scotland.

         38. 75A. The Public Transport Users' Committee for Scotland.

         39. 75AB. The Police Investigations and Review Commissioner.

         40. 75B. Quality Meat Scotland

         41. 75C. The Risk Management Authority

         42. 76. The Royal Commission on the Ancient and Historical Monuments of...

         43. 77. The Scottish Agricultural Wages Board.

         44. 78. The Scottish Arts Council.

         45. 79. The Scottish charities nominee, appointed under section 12 of the...

         46. 79A. The Scottish Association of Citizens Advice Bureaux, but only in...

         47. 80. The Scottish Children’s Reporter Administration.

         48. 80AA. The Scottish Civil Justice Council.

         49. 80B. The Scottish Commission for Human Rights.

         50. 81. The Scottish Commission for the Regulation of Care.

         51. 82. The Scottish Conveyancing and Executry Services Board.

         52. 83. The Scottish Criminal Cases Review Commission.

         53. 84. Scottish Enterprise.

         54. 85. The Scottish Environment Protection Agency.

         55. 85ZA. The Scottish Fire and Rescue Service.

         56. 85A. The Scottish Further and Higher Education Funding Council.

         57. 85B. The Scottish Housing Regulator.

         58. 86. The Scottish Further Education Funding Council.

         59. 87. The Scottish Higher Education Funding Council.

         60. 88. Scottish Homes.

         61. 89. The Scottish Industrial Development Advisory Board.

         62. 90. The Scottish Information Commissioner.

         63. 91. The Scottish Law Commission.

         64. 92. The Scottish Legal Aid Board.

         65. 92A. The Scottish Legal Complaints Commission.

         66. 92B. The Scottish Local Authorities Remuneration Committee

         67. 93. Scottish Natural Heritage.

         68. 94. The Scottish Prison Complaints Commission.

         69. 95. The Scottish Public Services Ombudsman.

         70. 96. The Scottish Qualifications Authority.

         71. 97. The Scottish Records Advisory Council.

         72. 98. Scottish Screen.

         73. 99. The Scottish Social Services Council.

         74. 100. The Scottish Sports Council.

         75. 101. The Scottish Tourist Board.

         76. 102. Scottish Water.

         77. 102A. Social Care and Social Work Improvement Scotland.

         78. 103. Social Inclusion Partnerships.

         79. 104. The Standards Commission for Scotland.

         80. 105. The National Library of Scotland .

         81. 105A. VisitScotland.

         82. 106. The Water Industry Commission for Scotland.

   2. SCHEDULE 2

      The Scottish Information Commissioner

      1. 1. Status

      2. 2. Pensions, allowances, etc.

      3. 3. Staff

      4. 4. Accountable officer

      5. Budget

         1. 4A. (1) The Commissioner must, before the start of each financial...

      6. 5. Accounts

      7. 6. General powers

      8. Location of office

         1. 7. The Commissioner must comply with any direction given by the...

      9. Sharing of premises, staff, services and other resources

         1. 8. The Commissioner must comply with any direction given by the...

      10. Restrictions on subsequent appointments etc.

          1. 9. (1) A person who has ceased being the Commissioner may...

   3. SCHEDULE 3

      Powers Of Entry And Inspection

      1. 1. Grant of warrants

      2. 2. (1) A sheriff must not grant the warrant unless satisfied—...

      3. 3. Execution of warrants

      4. 4. The warrant must be executed at a reasonable hour, unless...

      5. 5. (1) If the premises in respect of which the warrant...

      6. 6. (1) A person seizing anything in pursuance of the warrant...

      7. 7. Matters exempt from inspection and seizure

      8. 8. (1) Subject to the provisions of this paragraph, the powers...

      9. 9. If the person in occupation of premises in respect of...

      10. 10. Offences

      11. 11. Vessels, vehicles etc.

   4. SCHEDULE 4

      Consequential Amendments To Scottish Public Services Ombudsman Act 2002

      1. 1. In section 19(8) of the Scottish Public Services Ombudsman Act...

      2. 2. In schedule 5 to that Act (which specifies persons or...