Royal Arms Freedom of Information (Scotland) Act 2002

2002 asp 13


 

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Freedom of Information (Scotland) Act 2002

2002 asp 13

 
 
 
CONTENTS

PART 1
ACCESS TO INFORMATION HELD BY SCOTTISH PUBLIC AUTHORITIES
Right to information
Section 
1General entitlement
2Effect of exemptions
3Scottish public authorities
4Amendment of schedule 1
5Further power to designate Scottish public authorities
6Publicly-owned companies
7Public authorities to which Act has limited application
8Requesting information
9Fees
10Time for compliance
11Means of providing information
12Excessive cost of compliance
13Fees for disclosure in certain circumstances
14Vexatious or repeated requests
15Duty to provide advice and assistance

Responses to request
16Refusal of request
17Notice that information is not held
18Further provision as respects responses to request

Content of certain notices
19Content of certain notices

Review of refusal, etc.
20Requirement for review of refusal etc.
21Review by Scottish public authority

Records transferred to the Keeper of the Records of Scotland
22Special provisions relating to records transferred to Keeper

Publication schemes
23Publication schemes
24Model publication schemes

PART 2
EXEMPT INFORMATION
25Information otherwise accessible
26Prohibitions on disclosure
27Information intended for future publication
28Relations within the United Kingdom
29Formulation of Scottish Administration policy etc.
30Prejudice to effective conduct of public affairs
31National security and defence
32International relations
33Commercial interests and the economy
34Investigations by Scottish public authorities and proceedings arising out of such investigations
35Law enforcement
36Confidentiality
37Court records, etc.
38Personal information
39Health, safety and the environment
40Audit functions
41Communications with Her Majesty etc. and honours

PART 3
THE SCOTTISH INFORMATION COMMISSIONER
42The Scottish Information Commissioner
43General functions of Commissioner
44Recommendations as to good practice
45Confidentiality of information obtained by or furnished to Commissioner
46Laying of reports

PART 4
ENFORCEMENT
47Application for decision by Commissioner
48When application excluded
49Commissioner's decision
50Information notices
51Enforcement notices
52Exception from duty to comply with certain notices
53Failure to comply with notice
54Powers of entry and inspection
55No civil right of action against Scottish public authority
56Appeal against notices under Part 4

PART 5
HISTORICAL RECORDS
57The expression "historical record"
58Falling away of exemptions with time
59Power to vary periods mentioned in sections 57 and 58

PART 6
CODES OF PRACTICE
60Code of practice as to functions under this Act
61Code of practice as to the keeping, management and destruction of records

PART 7
MISCELLANEOUS AND SUPPLEMENTAL
62Power to make provision relating to environmental information
63Disclosure of information to Scottish Public Services Ombudsman or to Information Commissioner
64Power to amend or repeal enactments prohibiting disclosure of information
65Offence of altering etc. records with intent to prevent disclosure
66Saving for existing powers of disclosure
67Protection from actions for defamation
68Scottish Parliament and Scottish Administration
69Exercise of rights by children
70Amendment of Public Records (Scotland) Act 1937
71Amendment of Scottish Public Services Ombudsman Act 2002
72Orders and regulations
73Interpretation
74Giving of notice etc.
75Commencement
76Short title
 

 
    Schedule 1-Scottish public authorities
    Part 1-Ministers, the Parliament
    Part 2-Non ministerial office holders in the Scottish Administration
    Part 3-Local Government
    Part 4-The National Health Service
    Part 5-Educational institutions
    Part 6-Police
    Part 7-Others
    Schedule 2-The Scottish Information Commissioner
    Schedule 3-Powers of entry and inspection
    Schedule 4-Consequential amendments to Scottish Public Services Ombudsman Act 2002
 


  continue
 
 
 
 

Explanatory Note
 
 
 
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Prepared 11 June 2002