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Legislation

Information on the Act

The Freedom of Information (Scotland) Act 2002 came into force on 1 January 2005.

The Act introduced a general statutory right of access to all types of 'recorded' information of any age held by Scottish public authorities. Subject to certain conditions and exemptions, any person who makes a request for information will be entitled to receive it.

The Act is enforced by the Scottish Information Commissioner, a fully independent public official.

Related Scottish Statutory Instruments

Environmental Information (Scotland) Regulations 2004

Similar provisions are applicable to environmental information. Via this link you can find details on access to Environmental Information

Section 60 & Section 61 Codes of Practice

The Freedom of Information (Scotland) Act 2002 required Scottish Ministers to issue two Codes of Practice, under sections 60 and 61 of the Act.

The section 60 Code of Practice on the Discharge of Functions by Public Authorities

The section 61 Code of Practice on Records Management

Review of Codes of Practice

During 2009 the Scottish Government will be reviewing the Codes of Practice in order to update and revise them. This survey invites comments on the Section 61 Code on Records Management. We would be grateful to receive responses by Friday 15th May. Please forward them by email to foi@scotland.gsi.gov.uk or by post to:

Freedom of Information Unit
G-A North
Victoria Quay
EDINBURGH
EH6 6QQ

Section 4 and 64 Orders

In October 2008, two amending orders were made to the Freedom of Information (Scotland) Act.

The list of public bodies which are covered by the Act was amended by an order under section 4 of FOISA, which removed those public bodies which had been dissolved, and added some new public bodies created since FOISA came into force. www.opsi.gov.uk/legislation/scotland/ssi2008/pdf/ssi_20080297_en.pdf

Under section 64 of FOISA, a further order amended some legislation pre-dating FOISA which contained prohibitions on the disclosure of certain information. Five pieces of legislation were amended by the order, which had been identified as creating barriers to the release of information. www.opsi.gov.uk/legislation/scotland/ssi2008/pdf/ssi_20080339_en.pdf

Fees

The Fees Regulations (under Sections 9 and 13 of the Act)

Guidance on Section 31 certificates

Freedom Of Information (Scotland) Act Section 31 Certificate

Please note: For information on the UK Freedom of Information Act, please see the Department for Constitutional Affairs website: http://www.foi.gov.uk/

Page updated: Thursday, March 26, 2009