This item was published during the term of a previous administration that ended in April 2007
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New Freedom of Information timetable
09/06/2003
Full implementation of the Freedom of Information
(Scotland) Act 2002 will take place by 1 January 2005 - one
year earlier than set out in the legislation.
Deputy Minister for Finance, Public Services and
Parliamentary Business Tavish Scott said that this is a
tough, but deliverable target for all Scottish public
authorities to meet.
The provisions of the Act, which received Royal Assent
on 28 May 2002, must be brought into force by 31 December
2005. Scottish Ministers set out the following timetable,
agreed with the Scottish Information Commissioner for
implementation of the Act, in their report to Parliament on
28 May 2003.
Mr Scott said:
"This Act will undoubtedly ensure more openness and
better scrutiny of government and the public sector in
Scotland. It will support more open government and lead to
increased public confidence in the decisions that affect
all of our daily lives.
"I am delighted that the important new rights of access
to information held by Scottish public authorities will now
be available to each and every citizen a full 12 months
prior to the date set out in the legislation. This is the
Executive delivering its commitments by giving the people
of Scotland a statutory right to Scottish information for
the first time ever.
"The Executive is committed to open government in
Scotland. While a great deal remains to be done before
2005, publication of this timetable will enable all public
authorities to focus on meeting their responsibilities
under the Act."
Timetable for implementation of the Freedom of
Information (Scotland) Act 2002:
By 28 February 2004
The Scottish Ministers, the Scottish Parliament, The
Scottish Parliamentary Corporate Body, Non Ministerial
Office Holders in the Scottish Administration, Local
Government and the Police (public authorities as listed in
Parts 1, 2, 3 and 6 of Schedule 1 of the Freedom of
Information (Scotland) Act 2002) to submit publication
schemes for approval to the Scottish Information
Commissioner.
By 1 June 2004
The publication schemes submitted by the public
authorities above to be approved by the Scottish
Information Commissioner.
By 31 May 2004
Public Authorities listed in Parts 4 (The National
Health Service) and 5 (Educational Institutions) of
Schedule 1 of the Freedom of Information (Scotland) Act
2002 to submit publication schemes for approval by the
Scottish Information Commissioner.
By 1 September 2004
The publication schemes submitted by the above public
authorities to be approved by the Scottish Information
Commissioner.
By 31 August 2004
All public authorities listed in Part 7 of Schedule 1 of
the Freedom of Information Act 2002 to submit publication
schemes for approval by the Scottish Information
Commissioner.
By 30 November 2004
The publication schemes submitted by the above public
authorities to be approved by the Scottish Information
Commissioner.
1 January 2005
The right of access to information held by all public
authorities listed in Schedule 1 to the Freedom of
Information (Scotland) Act 2002 to be brought into
force.
The Freedom of Information (Scotland) Act 2002 received
its Royal Assent on 28 May 2002. The Act's provisions must
be brought into force by 31 December 2005 (unless the
Scottish Minister accepts a recommendation from the
Scottish Information Commissioner that a later date should
apply).
The Scottish Ministers are required to lay an annual
report before the Scottish Parliament setting out their
proposals for implementation of the Act. Their first
report, laid in the Parliament on 28 May, set out the above
timetable agreed with the Scottish Information Commissioner
for implementation of the Act.
Scottish Ministers are committed to timely and effective
implementation in advance of the backstop of 31 December
2005 provided in the Act. The above timetable takes account
of the need for the Scottish Information Commissioner to
establish and staff his office, and for the Scottish public
sector to prepare for implementation of the Act.
All public authorities will be required to adopt a
publication scheme setting out the classes of information
they intend to make available and how people can access the
material. These publication schemes will require the
approval of the Scottish Information Commissioner. The
timetable provides for these to be rolled out throughout
2004.