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SCHEDULE 1SScottish Public Authorities

(introduced by section 3(1)(a)(i))

Part 1 SMinisters, The Parliament

1SThe Scottish Ministers.

2SThe Scottish Parliament.

3SThe Scottish Parliamentary Corporate Body.

Part 2 SNon Ministerial Office Holders In The Scottish Administration

4SThe Chief Dental Officer of the Scottish Administration.

5SThe Chief Medical Officer of the Scottish Administration.

6SHer Majesty’s Chief Inspector of Constabulary.

7SHer Majesty’s Chief Inspector of Prisons for Scotland.

Yn ddilys o 13/10/2008

[F17ASThe Drinking Water Quality Regulator for Scotland]

Textual Amendments

8SHer Majesty’s Inspector of Anatomy for Scotland.

9Her Majesty’s Inspector of Fire Services for Scotland.

10SHer Majesty’s inspectors of schools (that is to say, the inspectors of schools appointed by Her Majesty on the recommendation of the Scottish Ministers under the Education (Scotland) Act 1980 (c.44)).

11SThe Keeper of the Records of Scotland.

12SThe Keeper of the Registers of Scotland.

Yn ddilys o 13/10/2008

[F212ASThe Office of the Scottish Charity Regulator]

Textual Amendments

13SA procurator fiscal.

14SThe Queen’s and Lord Treasurer’s Remembrancer.

15SThe Queen’s Printer for Scotland.

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

17SThe Registrar of Independent Schools in Scotland.

18SA rent officer appointed under section 43(3) of the Rent (Scotland) Act 1984 (c.58).

Yn ddilys o 01/10/2009

[F318ASThe Scottish Court Service.]

Textual Amendments

19A social work inspector (that is to say, an officer authorised as such an inspector under section 6 of the Social Work (Scotland) Act 1968 (c.49)).

Part 3 SLocal Government

20SAn assessor appointed under section 27(2) of the Local Government etc. (Scotland) Act 1994 (c.39).

21SA council constituted by section 2 of that Act.

22SA joint board, within the meaning of section 235(1) of the Local Government (Scotland) Act 1973 (c.65).

23A licensing board constituted in accordance with the provisions of section 1 of the Licensing (Scotland) Act 1976 (c.66).

24SThe Strathclyde Passenger Transport Authority.

Part 4 SThe National Health Service

25The Clinical Standards Board for Scotland.

26SThe Common Services Agency for the Scottish Health Service.

27SA Health Board, constituted under section 2 of the National Health Service (Scotland) Act 1978.

28The Health Education Board for Scotland.

29The Health Technology Board for Scotland.

Yn ddilys o 13/10/2008

[F429ASThe National Waiting Times Centre Board]

Textual Amendments

30SA local health council, established under section 7 of the National Health Service (Scotland) Act 1978.

31SA National Health Service trust.

32SNHS 24.

Yn ddilys o 13/10/2008

[F532ASNHS Education for Scotland]

Textual Amendments

Yn ddilys o 13/10/2008

[F632BSNHS Health Scotland]

Textual Amendments

Yn ddilys o 13/10/2008

[F732CSNHS Quality Improvement Scotland]

Textual Amendments

33SA person providing [F8primary medical services under a general medical services contract (within the meaning of the National Health Service (Scotland) Act 1978) or] general dental services, general ophthalmic services or pharmaceutical services under Part II of [F9that Act], but only in respect of information relating to the provision of those services.

Textual Amendments

34SA person providing [F10primary medical services] or personal dental services under arrangements made under section 17C of that Act, but only in respect of information relating to the provision of those services.

Textual Amendments

35SA person providing, in Scotland, piloted services within the meaning of the National Health Service (Primary Care) Act 1997 (c.46), but only in respect of information relating to the provision of those services.

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

37SThe Scottish Advisory Committee on Distinction Awards.

38The Scottish Advisory Committee on the Medical Workforce.

39SThe Scottish Ambulance Service Board.

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

41SThe Scottish Dental Practice Board.

42The Scottish Health Advisory Service.

43The Scottish Hospital Endowments Research Trust.

44The Scottish Hospital Trust.

45SThe State Hospitals Board for Scotland.

46SF11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part 5 SEducational institutions

47SThe board of management of a college of further education (expressions used in this paragraph having the same meaning as in section 36(1) of the Further and Higher Education (Scotland) Act 1992 (c.37)).

48SA central institution within the meaning of the Education (Scotland) Act 1980.

49An institution in receipt of funding from the Scottish Higher Education Funding Council other than any institution whose activities are principally carried on outwith Scotland.

Part 6 SPolice

50SA chief constable of a police force in Scotland.

51SA joint police board constituted by an amalgamation scheme made or approved under the Police (Scotland) Act 1967 (c.77).

52SThe Police Advisory Board for Scotland.

Yn ddilys o 01/04/2007

[F1252ASThe Scottish Police Services Authority, but only in respect of information relating to the provision of the police support services within the meaning of section 3(2) of the Police, Public Order and Criminal Justice (Scotland) Act 2006.]

Textual Amendments

Part 7 SOthers

53SThe Accounts Commission for Scotland.

54SThe Advisory Committee on Sites of Special Scientific Interest.

55SF13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13Sch. 1 Pt. 7: para. relating to the Ancient Monuments Board for Scotland repealed (31.5.2008) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2), Sch. 4 para. 17(b)(i); S.S.I. 2003/219, art 2(1)(c)

56An area tourist board established by virtue of section 172(1) of the Local Government (Scotland) Act 1994 (c.39).

57SAudit Scotland.

58SThe Auditor General for Scotland.

59SThe Board of Trustees for the National Galleries of Scotland.

60SThe Board of Trustees of the National Museums of Scotland.

61SThe Board of Trustees of the Royal Botanic Garden, Edinburgh.

Yn ddilys o 13/02/2006

[F14Bòrd na Gàidhlig]

Textual Amendments

F14Sch. 1 para. 61A inserted (13.2.2006) by virtue of Gaelic Language (Scotland) Act 2005 (asp 7), ss. 12, 13, Sch. 2 para. 3; S.S.I. 2006/31, art. 2

62SThe Central Advisory Committee on Justices of the Peace.

Yn ddilys o 13/10/2008

[F1562ZASThe Commissioner for Children and Young People in Scotland]

Textual Amendments

Yn ddilys o 03/04/2006

[F1662ASA community justice authority.]

Textual Amendments

Yn ddilys o 01/04/2006

[F1762BSThe Convener of the Water Customer Consultation Panels (appointed under paragraph 5(1) of schedule 1 to the Water Industry (Scotland) Act 2002 (asp 3)) and those Panels.]

Textual Amendments

63SThe Crofters Commission.

64SThe Deer Commission for Scotland.

65SThe Fisheries Committee continued in existence by paragraph 5 of Schedule 9 to the Electricity Act 1989 (c.29).

66SThe General Teaching Council for Scotland.

Yn ddilys o 13/10/2008

[F1866ASHer Majesty's Chief Inspector of Prosecution in Scotland]

Textual Amendments

67SHighlands and Islands Enterprise.

[F1967ASThe Historic Environment Advisory Council for Scotland.]

Textual Amendments

68SF20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20Sch. 1 Pt. 7: para. relating to the Historic Buildings Council for Scotland repealed (31.5.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp. 4), ss. 17, 21(2), Sch. 4 para. 17(b)(ii); S.S.I. 2003/219, art. 2(1)(c)

Yn ddilys o 01/06/2009

[F2168ASThe Judicial Appointments Board for Scotland]

Textual Amendments

69SA justice of the peace advisory committee.

70SLearning and Teaching Scotland.

71SThe Local Government Boundary Commission for Scotland.

72SThe Mental Welfare Commission for Scotland.

73SA National Park authority, established by virtue of schedule 1 to the National Parks (Scotland) Act 2000 (asp 10).

74SThe Parole Board for Scotland.

75SA person appointed for Scotland under section 3(1) of the Local Government and Housing Act 1989 (c.42).

Yn ddilys o 03/04/2006

[F2275ASThe Public Transport Users' Committee for Scotland.]

Textual Amendments

Yn ddilys o 13/10/2008

[F2375BSQuality Meat Scotland]

Textual Amendments

Yn ddilys o 13/10/2008

[F2475CSThe Risk Management Authority]

Textual Amendments

76SThe Royal Commission on the Ancient and Historical Monuments of Scotland.

77SThe Scottish Agricultural Wages Board.

78SThe Scottish Arts Council.

79The Scottish charities nominee, appointed under section 12 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40).

80SThe Scottish Children’s Reporter Administration.

Prospective

[F25[F2680ASThe Scottish Civil Enforcement Commission.]]

Textual Amendments

Yn ddilys o 01/04/2008

[F2780BSThe Scottish Commission for Human Rights.]

Textual Amendments

81SThe Scottish Commission for the Regulation of Care.

82SF28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28Sch. 1 Pt. 7: para. relating to the Scottish Conveyancing and Executry Services Board repealed (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp. 4), ss. 17, 21(2), Sch. 4 para. 17(b)(iii); S.S.I. 2003/384, art. 2(d)

83SThe Scottish Criminal Cases Review Commission.

84SScottish Enterprise.

85SThe Scottish Environment Protection Agency.

Yn ddilys o 03/10/2005

[F2985ASThe Scottish Further and Higher Education Funding Council.]

Textual Amendments

86The Scottish Further Education Funding Council.

87The Scottish Higher Education Funding Council.

88Scottish Homes.

89SThe Scottish Industrial Development Advisory Board.

90SThe Scottish Information Commissioner.

91SThe Scottish Law Commission.

92SThe Scottish Legal Aid Board.

Yn ddilys o 01/10/2008

[F3092ASThe Scottish Legal Complaints Commission.]

Textual Amendments

Yn ddilys o 13/10/2008

[F3192BSThe Scottish Local Authorities Remuneration Committee]

Textual Amendments

93SScottish Natural Heritage.

94SThe Scottish Prison Complaints Commission.

95SThe Scottish Public Services Ombudsman.

96SThe Scottish Qualifications Authority.

97SThe Scottish Records Advisory Council.

98SScottish Screen.

99SThe Scottish Social Services Council.

100SThe Scottish Sports Council.

101The Scottish Tourist Board.

102SScottish Water.

103Social Inclusion Partnerships.

104SThe Standards Commission for Scotland.

105SThe Trustees of the National Library of Scotland.

Yn ddilys o 01/04/2007

[F32105ASVisitScotland.]

Textual Amendments

106The Water Industry Commissioner for Scotland.

SCHEDULE 2SThe Scottish Information Commissioner

(introduced by section 42(12))

StatusS

1The Commissioner and that officer’s staff are not to be regarded as servants or agents of the Crown or as having any status, immunity or privilege of the Crown; and the Commissioner’s property is not to be regarded as property of, or property held on behalf of, the Crown.

Pensions, allowances, etc.S

2(1)The Parliamentary corporation may make arrangements for the payment of pensions, allowances or gratuities to, or in respect of, any person who has ceased to hold the office of Commissioner and (without prejudice to that generality) may—

(a)make contributions or payments towards provision for such pensions, allowances or gratuities; and

(b)for the purposes of this sub-paragraph, establish and administer one or more pension schemes.

(2)The references in sub-paragraph (1) to pensions, allowances and gratuities include references to, as the case may be, pensions, allowances or gratuities by way of compensation for loss of office.

StaffS

3(1)The Commissioner may appoint such staff, on such terms and conditions, as that officer may determine.

(2)The Commissioner may make arrangements for the payment of pensions, allowances or gratuities to, or in respect of, any person who has ceased to be a member of such staff and (without prejudice to that generality) may—

(a)make contributions or payments towards provision for such pensions, allowances or gratuities; and

(b)for the purposes of this sub-paragraph, establish and administer one or more pension schemes.

(3)The references in sub-paragraph (2) to pensions, allowances and gratuities include references to, as the case may be, pensions, allowances or gratuities by way of compensation for loss of employment.

(4)A determination under sub-paragraph (1) requires, and arrangements under sub-paragraph (2) require, the approval of the Parliamentary corporation.

Accountable officerS

4(1)The Parliamentary corporation is to designate the Commissioner or a member of that officer’s staff as the accountable officer for the purposes of this paragraph.

(2)The functions of the accountable officer are—

(a)those specified in sub-paragraph (3); and

(b)where the accountable officer is not the Commissioner, the duty set out in sub-paragraph (4),

and the accountable officer is answerable to the Parliament for the exercise of those functions.

(3)The functions referred to in sub-paragraph (2)(a) are—

(a)signing the accounts of the expenditure and receipts of the Commissioner;

(b)ensuring the propriety and regularity of the finances of the Commissioner; and

(c)ensuring that the resources of the Commissioner are used economically, efficiently and effectively.

(4)The duty referred to in sub-paragraph (2)(b) is a duty, where the accountable officer is required to act in some way but considers that to do so would be inconsistent with the proper performance of the functions specified in sub-paragraph (3), to—

(a)obtain written authority from the Commissioner before taking the action; and

(b)send a copy of that authority as soon as possible to the Auditor General.

AccountsS

5(1)The Commissioner must—

(a)keep accounts; and

(b)prepare annual accounts in respect of each financial year,

in accordance with such directions as the Scottish Ministers may give that officer.

(2)The Commissioner must send a copy of the annual accounts to the Auditor General for Scotland for auditing.

(3)The financial year of the Commissioner is—

(a)the period beginning with the date on which the Commissioner is appointed and ending with 31st March next following that date; and

(b)each successive period of twelve months ending with 31st March.

(4)If requested by any person, the Commissioner must make available at any reasonable time, without charge, in printed or in electronic form, the audited accounts, so that they may be inspected by that person.

General powersS

6The Commissioner may do anything which appears necessary or expedient for the purpose of, or in connection with, or which appears conducive to, the exercise of that officer’s functions; and without prejudice to that generality, may in particular—

(a)acquire and dispose of land and other property; and

(b)enter into contracts.

Yn ddilys o 01/01/2005

SCHEDULE 3SPowers Of Entry And Inspection

(introduced by section 54)

Modifications etc. (not altering text)

Grant of warrantsS

1(1)If a sheriff is satisfied by evidence on oath supplied by the Commissioner that there are reasonable grounds for suspecting—

(a)that a Scottish public authority has failed or is failing to comply with—

(i)any of the requirements of Part 1 of this Act;

(ii)so much of a notice given to it by the Commissioner under subsection (5) of section 49 as, by virtue of subsection (6)(b) of that section, requires steps to be taken; or

(iii)an information notice or an enforcement notice; or

(b)that an offence under section 65(1) has been or is being committed,

and that evidence of such a failure to comply or of the commission of the offence is to be found on any premises specified as part of that evidence, the sheriff, subject to paragraph 2, may grant to the Commissioner such warrant as is mentioned in sub-paragraph (2).

(2)The warrant is one which authorises the Commissioner, or any member of the Commissioner’s staff, at any time within seven days after the date of the warrant—

(a)to enter and search the premises;

(b)to inspect and seize any documents or other material found there which may constitute the evidence in question; and

(c)to inspect, examine, operate and test any equipment found there in which information held by the authority may be recorded.

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

(a)that the Commissioner has given seven days’ notice in writing to the occupier of the premises demanding access to them; and

(b)that either—

(i)access was demanded at a reasonable hour and was unreasonably refused; or

(ii)although entry to the premises was granted, the occupier unreasonably refused to comply with a request by the Commissioner, or any member of the Commissioner’s staff, to permit the Commissioner or any such member of staff to do any of the things referred to in paragraph 1(2); and

(c)that the occupier has, after the refusal, been notified by the Commissioner of the application for the warrant and has had an opportunity of being heard by the sheriff on the question of whether or not it should be granted.

(2)Sub-paragraph (1) does not apply if the sheriff is satisfied that the case is one of urgency or that compliance with the provisions of that sub-paragraph would defeat the object of the entry.

Execution of warrantsS

3A person executing the warrant may use such reasonable force as may be necessary.

4SThe warrant must be executed at a reasonable hour, unless it appears to the person executing it that there are grounds for suspecting that the evidence in question would not be found if it were so executed.

5(1)If the premises in respect of which the warrant is granted are occupied by a Scottish public authority and any officer or employee of the authority is present when the warrant is executed, that officer or employee must be shown the warrant and supplied with a copy of it; and if no such officer or employee is present a copy of the warrant must be left in a prominent place on the premises.S

(2)If the premises in respect of which the warrant is granted are occupied by a person other than a Scottish public authority and that person is present when the warrant is executed, the person must be shown the warrant and supplied with a copy of it; and if the person is not present a copy of the warrant must be left in a prominent place on the premises.

6(1)A person seizing anything in pursuance of the warrant must give a receipt for it if asked to do so.S

(2)Anything so seized may be retained for so long as is necessary in all the circumstances; but the person in occupation of the premises must be given a copy of anything that is seized if that person so requests and the person executing the warrant considers that it can be done without undue delay.

Matters exempt from inspection and seizureS

7The powers of inspection and seizure conferred by the warrant are not exercisable in respect of information which is exempt information by virtue of section 31(1).

8(1)Subject to the provisions of this paragraph, the powers of inspection and seizure conferred by the warrant are not exercisable in respect of—S

(a)a communication between professional legal adviser and client in connection with the giving of legal advice to the client with respect to the client’s obligations, liabilities or rights 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.

(2)Sub-paragraph (1) applies also to—

(a)a copy or other record of such communication as is there mentioned; and

(b)a document or article enclosed with or referred to in such communication if made in connection with the giving of any advice or, as the case may be, in connection with or in contemplation of and for the purpose of such proceedings as are there mentioned.

(3)This paragraph does not apply to anything in the possession of a person other than the professional legal adviser or client or to anything held with the intention of furthering a criminal purpose.

(4)In this paragraph references to the client of a professional legal adviser include references to a person representing such a client.

9SIf the person in occupation of premises in respect of which the warrant is granted objects to the inspection or seizure under it of any material on the grounds that the material consists partly of matters in respect of which those powers are not exercisable, that person must, if requested, provide in response to the warrant a copy of so much of the material as is material in relation to which the powers are exercisable.

OffencesS

10(1)A person who—

(a)intentionally obstructs a person who is executing the warrant; or

(b)fails, without reasonable excuse, to give the person who is executing the warrant such assistance as that person may reasonably require for executing it,

is guilty of an offence.

(2)A person guilty of an offence under sub-paragraph (1) is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

Vessels, vehicles etc.S

11In this schedule, “premises” includes vessel, vehicle, aircraft or hovercraft, and references to the occupier of premises include references to the person in charge of a vessel, vehicle, aircraft or hovercraft.

Yn ddilys o 01/01/2005

SCHEDULE 4SConsequential Amendments To Scottish Public Services Ombudsman Act 2002

(introduced by section 71(2))

1SIn section 19(8) of the Scottish Public Services Ombudsman Act 2002 (asp 11) (which restricts the purposes for which information obtained by the Ombudsman from the Information Commissioner may be disclosed)—

(a)the words from “the Information Commissioner” to “Freedom of Information Act 2000 (c.36)” become paragraph (a); and

(b)after that paragraph, there is inserted the word “or” and the following paragraph—

“(b)the Scottish Information Commissioner by virtue of section 63 of the Freedom of Information (Scotland) Act 2002 (asp 13),”.

2SIn schedule 5 to that Act (which specifies persons or bodies to whom the Ombudsman in certain circumstances may disclose information in relation to certain matters), after the entry relating to the Information Commissioner, there is inserted—

“The Scottish Information Commissioner

1. A matter in respect of which the Commissioner could exercise any power conferred by—

(a) section 44 (recommendations as to good practice) of the Freedom of Information (Scotland) Act 2002 (asp 13); or

(b) Part 4 (enforcement) of that Act

2. The commission of an offence under section 65 (offence of altering etc. records with intent to prevent disclosure) of that Act”.