http://www.legislation.gov.uk/asp/2002/13/contentsFreedom of Information (Scotland) Act 2002An Act of the Scottish Parliament to make provision for the disclosure of information held by Scottish public authorities or by persons providing services for them; and for connected purposes.texttext/xmlenStatute Law Database2020-11-23Expert Participation2020-09-16Freedom of Information (Scotland) Act 2002sch. 1 Pt. 4 para. 30National Health Service Reform (Scotland) Act 2004sch. 2s. 12(1)Freedom of Information (Scotland) Act 2002sch. 1 Pt. 4 para. 31National Health Service Reform (Scotland) Act 2004sch. 2s. 12(1)Freedom of Information (Scotland) Act 2002sch. 1 para. 7ZAConsumer Scotland Act 2020Sch. 2 para. 3s. 29(2)Freedom of Information (Scotland) Act 2002sch. 1 para. 79BScottish Biometrics Commissioner Act 2020sch. 2 para. 2s. 40(2)reg. 2Freedom of Information (Scotland) Act 2002sch. 1 para. 61AAScottish Elections (Reform) Act 2020Sch. para. 5(a)s. 35Freedom of Information (Scotland) Act 2002sch. 1 para. 71Scottish Elections (Reform) Act 2020Sch. para. 5(b)s. 35Freedom of Information (Scotland) Act 2002sch. 1 para. 62APublic Appointments and Public Bodies etc. (Scotland) Act 2003sch. 4 para. 17(c)(i)s. 21(2)Freedom of Information (Scotland) Act 2002sch. 1 Pt. 7Climate Change (Scotland) Act 2009sch. 2 para. 5s. 95s. 100(2)Freedom of Information (Scotland) Act 2002s. 38(2B)The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019Sch. 3 para. 22(2)Sch. 3 para. 112reg. 1(2)Freedom of Information (Scotland) Act 2002s. 38(3A)(a)The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019Sch. 3 para. 22(2)Sch. 3 para. 112reg. 1(2)Freedom of Information (Scotland) Act 2002s. 38(5)The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019Sch. 3 para. 22(3)(a)Sch. 3 para. 112reg. 1(2)Freedom of Information (Scotland) Act 2002s. 38(5)The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019Sch. 3 para. 22(3)(b)Sch. 3 para. 112reg. 1(2)Freedom of Information (Scotland) Act 2002s. 38(5)The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019Sch. 3 para. 22(3)(c)Sch. 3 para. 112reg. 1(2)Freedom of Information (Scotland) Act 2002s. 38(5A)The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019Sch. 3 para. 22(4)Sch. 3 para. 112reg. 1(2)Freedom of Information (Scotland) Act 2002sch. 1 para. 50BCriminal Justice (Scotland) Act 2016s. 114(1)(a)s. 117(2)Freedom of Information (Scotland) Act 2002Sch. 1 para. 80ABankruptcy and Diligence etc. (Scotland) Act 2007Sch. 5 para. 28s. 223s. 227(3)Freedom of Information (Scotland) Act 2002Part 1Access to information held by Scottish public authoritiesRight to information1 General entitlement2 Effect of exemptions3 Scottish public authorities4 Amendment of schedule 15 Further power to designate Scottish public authorities6 Publicly-owned companies7 Public authorities to which Act has limited application7AReports on section 5 power8 Requesting information9 Fees10 Time for compliance11 Means of providing information12 Excessive cost of compliance13 Fees for disclosure in certain circumstances14 Vexatious or repeated requests15 Duty to provide advice and assistanceResponses to request16 Refusal of request17 Notice that information is not held18 Further provision as respects responses to requestContent of certain notices19 Content of certain noticesReview of refusal, etc.20 Requirement for review of refusal etc.21 Review by Scottish public authorityRecords transferred to the Keeper of the Records of Scotland22 Special provisions relating to records transferred to KeeperPublication schemes23 Publication schemes24 Model publication schemesPart 2Exempt Information25 Information otherwise accessible26 Prohibitions on disclosure27 Information intended for future publication28 Relations within the United Kingdom29 Formulation of Scottish Administration policy etc.30 Prejudice to effective conduct of public affairs31 National security and defence32 International relations33 Commercial interests and the economy34 Investigations by Scottish public authorities and proceedings arising out of such investigations35 Law enforcement36 Confidentiality37 Court records, etc.38 Personal information39 Health, safety and the environment40 Audit functions41 Communications with Her Majesty etc. and honoursPart 3The Scottish Information Commissioner42 The Scottish Information Commissioner43 General functions of Commissioner44 Recommendations as to good practice45 Confidentiality of information obtained by or furnished to Commissioner46 Laying and publication of reports46AStrategic plansPart 4Enforcement47 Application for decision by Commissioner48 When application excluded49 Commissioner’s decision50 Information notices51 Enforcement notices52 Exception from duty to comply with certain notices53 Failure to comply with notice54 Powers of entry and inspection55 No civil right of action against Scottish public authority56 Appeal against notices under Part 4Part 5Historical records57 The expression “historical record”58 Falling away of exemptions with time59 Power to vary periods mentioned in sections 57 and 58Part 6Codes of practice60 Code of practice as to functions under this Act61 Code of practice as to the keeping, management and destruction of recordsPart 7Miscellaneous and supplemental62 Power to make provision relating to environmental information63 Disclosure of information to Scottish Public Services Ombudsman or to Information Commissioner64 Power to amend or repeal enactments prohibiting disclosure of information65 Offence of altering etc. records with intent to prevent disclosure65ATime limit for proceedings66 Saving for existing powers of disclosure67 Protection from actions for defamation68 Scottish Parliament and Scottish Administration69 Exercise of rights by children70 Amendment of Public Records (Scotland) Act 193771 Amendment of Scottish Public Services Ombudsman Act 200272 Orders and regulations73 Interpretation74 Giving of notice etc.75 Commencement76 Short titleSCHEDULE 1Scottish Public AuthoritiesPart 1Ministers, The Parliament1The Scottish Ministers. 2The Scottish Parliament. 3The Scottish Parliamentary Corporate Body. Part 2Non Ministerial Office Holders In The Scottish Administration4The Chief Dental Officer of the Scottish Administration. 5The Chief Medical Officer of the Scottish Administration. 6Her Majesty’s Inspectors of Constabulary. 7Her Majesty’s Chief Inspector of Prisons for Scotland. 7AThe Drinking Water Quality Regulator for Scotland 7BFood Standards Scotland. 8Her Majesty’s Inspector of Anatomy for Scotland. 9Her Majesty's Chief Inspector of the Scottish Fire and Rescue...10Her Majesty’s inspectors of schools (that is to say, the...11The Keeper of the Records of Scotland. 12The Keeper of the Registers of Scotland. 12AThe Office of the Scottish Charity Regulator 13A procurator fiscal. 14The Queen’s and Lord Treasurer’s Remembrancer. 15The Queen’s Printer for Scotland. 16The Registrar General of Births, Deaths and Marriages for Scotland....17The Registrar of Independent Schools in Scotland. 18A rent officer appointed under section 43(3) of the Rent...18AThe Scottish Court Service. 18AAThe Scottish Fiscal Commission 18BThe Scottish Housing Regulator. 19A social work inspector appointed under section 4 of the...Part 3Local Government20An assessor appointed under section 27(2) of the Local Government...21A council constituted by section 2 of that Act. 22A joint board, within the meaning of section 235(1) of...23A licensing board continued in existence by or established under...24The Strathclyde Passenger Transport Authority. Part 4The National Health Service25The Clinical Standards Board for Scotland. 26The Common Services Agency for the Scottish Health Service. 27A Health Board, constituted under section 2 of the National...27AHealthcare Improvement Scotland. 28The Health Education Board for Scotland. 29The Health Technology Board for Scotland. 29AThe National Waiting Times Centre Board 30A local health council, established under section 7 of the...31A National Health Service trust. 32NHS 24. 32ANHS Education for Scotland 32BNHS Health Scotland 32C. . . . . . . . . ....33A person providing primary medical services under a general medical...34A person providing primary medical services or personal dental services...35A person providing, in Scotland, piloted services within the meaning...35APublic Health Scotland. 36The Post Qualification Education Board for Health Service Pharmacists in...37The Scottish Advisory Committee on Distinction Awards. 38The Scottish Advisory Committee on the Medical Workforce. 39The Scottish Ambulance Service Board. 40The Scottish Council for Post Graduate Medical and Dental Education....41The Scottish Dental Practice Board. 42The Scottish Health Advisory Service. 43The Scottish Hospital Endowments Research Trust. 44The Scottish Hospital Trust. 45The State Hospitals Board for Scotland. 46The Scottish Medical Practices Committee. Part 5Educational institutions47The board of management of a college of further education...48A central institution within the meaning of the Education (Scotland)...49An institution in receipt of funding from the Scottish Further...Part 6Police50A chief constable of the Police Service of Scotland. 50AThe Scottish Police Authority. 51A joint police board constituted by an amalgamation scheme made...52The Police Advisory Board for Scotland. 52A. . . . . . . . . ....Part 7Others53The Accounts Commission for Scotland. 54. . . . . . . . . ....55. . . . . . . . . ....56. . . . . . . . . ....57Audit Scotland. 58The Auditor General for Scotland. 59The Board of Trustees for the National Galleries of Scotland....60The Board of Trustees of the National Museums of Scotland....61The Board of Trustees of the Royal Botanic Garden, Edinburgh....Bòrd na Gàidhlig 61BThe British Waterways Board. 62. . . . . . . . . ....62ZZZAChildren’s Hearings Scotland. 62ZZAThe Commissioner for Ethical Standards in Public Life in Scotland....62ZAThe Commissioner for Children and Young People in Scotland 62A. . . . . . . . . ....62B. . . . . . . . . ....62ZZCCommunity Justice Scotland. 62ZCThe Convener of the School Closure Review Panels. 62CCreative Scotland. 62DThe Criminal Courts Rules Council. 63The Crofters Commission. 63ACrown Estate Scotland. 64. . . . . . . . . ....65. . . . . . . . . ....66The General Teaching Council for Scotland. 66AHer Majesty's Chief Inspector of Prosecution in Scotland 67Highlands and Islands Enterprise. 67ZAHistoric Environment Scotland. 67ZB67ZB ILF Scotland . 67AThe Historic Environment Advisory Council for Scotland. 67BAn integration joint board established by order under section 9(2)...68. . . . . . . . . ....68ZAThe James Hutton Institute. 68AThe Judicial Appointments Board for Scotland 69... A Justice of the Peace Advisory Committee established under...70Learning and Teaching Scotland. 71The Local Government Boundary Commission for Scotland. 71AThe Moredun Research Institute. 72The Mental Welfare Commission for Scotland. 72AMobility and Access Committee for Scotland. 73A National Park authority, established by virtue of schedule 1...74The Parole Board for Scotland. 75A person appointed for Scotland under section 3(1) of the...75ZA. . . . . . . . . ....75A. . . . . . . . . ....75ABThe Police Investigations and Review Commissioner. 75ACThe Poverty and Inequality Commission 75BQuality Meat Scotland 75CThe Risk Management Authority 76. . . . . . . . . ....76AA School Closure Review Panel constituted under section 17A(3) of...77The Scottish Agricultural Wages Board. 77AThe Scottish Animal Welfare Commission. 78. . . . . . . . . ....79. . . . . . . . . ....79AThe Scottish Association of Citizens Advice Bureaux, but only in...80The Scottish Children’s Reporter Administration. 80AAThe Scottish Civil Justice Council. 80BThe Scottish Commission for Human Rights. 80CThe Scottish Commission on Social Security. 81. . . . . . . . . ....The Scottish Committee on Climate Change 82. . . . . . . . . ....83The Scottish Criminal Cases Review Commission. 84Scottish Enterprise. 85The Scottish Environment Protection Agency. 85ZAThe Scottish Fire and Rescue Service. 85ZBThe Scottish Fuel Poverty Advisory Panel. 85AThe Scottish Further and Higher Education Funding Council. 85B. . . . . . . . . ....86. . . . . . . . . ....87. . . . . . . . . ....88. . . . . . . . . ....89. . . . . . . . . ....90The Scottish Information Commissioner. 90AThe Scottish Land Commission. 91The Scottish Law Commission. 92The Scottish Legal Aid Board. 92AThe Scottish Legal Complaints Commission. 92BThe Scottish Local Authorities Remuneration Committee 92CThe Scottish National Investment Bank p.l.c. 93Scottish Natural Heritage. 94. . . . . . . . . ....95The Scottish Public Services Ombudsman. 96The Scottish Qualifications Authority. 97. . . . . . . . . ....98. . . . . . . . . ....98AThe Scottish Sentencing Council. 99The Scottish Social Services Council. 100The Scottish Sports Council. 101. . . . . . . . . ....102Scottish Water. 102ASocial Care and Social Work Improvement Scotland. 102BSouth of Scotland Enterprise. 103. . . . . . . . . ....104The Standards Commission for Scotland. 105The National Library of Scotland . 105AVisitScotland. 106The Water Industry Commission for Scotland. SCHEDULE 2The Scottish Information Commissioner1Status2Pensions, allowances, etc.3Staff4Accountable officerBudget4A(1) The Commissioner must, before the start of each financial...5Accounts6General powersLocation of office7The Commissioner must comply with any direction given by the...Sharing of premises, staff, services and other resources8The Commissioner must comply with any direction given by the...Restrictions on subsequent appointments etc.9(1) A person who has ceased being the Commissioner may...SCHEDULE 3Powers Of Entry And Inspection1Grant of warrants2(1) A sheriff must not grant the warrant unless satisfied—...3Execution of warrants4The warrant must be executed at a reasonable hour, unless...5(1) If the premises in respect of which the warrant...6(1) A person seizing anything in pursuance of the warrant...7Matters exempt from inspection and seizure8(1) Subject to the provisions of this paragraph, the powers...9If the person in occupation of premises in respect of...10Offences11Vessels, vehicles etc.SCHEDULE 4Consequential Amendments To Scottish Public Services Ombudsman Act 20021In section 19(8) of the Scottish Public Services Ombudsman Act...2In schedule 5 to that Act (which specifies persons or...

Freedom of Information (Scotland) Act 2002

2002 asp 13

An Act of the Scottish Parliament to make provision for the disclosure of information held by Scottish public authorities or by persons providing services for them; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 24th April 2002 and received Royal Assent on 28th May 2002.