Freedom of Information (Amendment) (Scotland) Act 2013

JurisdictionScotland
Citation2013 asp 2


Freedom of Information (Amendment) (Scotland) Act 2013

2013 asp 2

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 16th January 2013 and received Royal Assent on 19th February 2013

An Act of the Scottish Parliament to amend provisions of the Freedom of Information (Scotland) Act 2002 relating to the designation of authorities, the effect of various exemptions and the time limit for certain proceedings.

Amendments

Amendments

S-1 Designation of authorities

1 Designation of authorities

(1) In section 5 (further power to designate Scottish public authorities) of the FOI Act, for subsection (5) there is substituted-

"(5) Before making an order under subsection (1), the Scottish Ministers must-

(a)consult-

(i) every person to whom the order relates, or

(ii) persons appearing to them to represent such persons, and

(b) also consult such other persons as they consider appropriate.".

(2) After section 7 of the FOI Act there is inserted-

"7A Reports on section 5 power

(1) In accordance with this section, the Scottish Ministers must lay before the Parliament reports about the exercise of the section 5 power.

(2) The first report is to be laid on or before 31 October 2015.

(3) Each subsequent report is to be laid no later than 2 years after the date on which the previous report is laid.

(4) A report must-

(a) state whether the section 5 power has been exercised during the reporting period, and

(b)as the case may be-

(i) explain how the power has been exercised during the reporting period (and why), or

(ii) give the reason for leaving the power unexercised during the reporting period.

(5) A report may-

(a) summarise any response to a consultation carried out during the reporting period as regards the exercise of the section 5 power,

(b) indicate any intention to exercise the power in the future,

(c) include such additional information as the Scottish Ministers consider appropriate.

(6) In this section-

"reporting period" means-

(a) in the case of the first report, period of time from the date on which section 1 of the Freedom of Information (Amendment) (Scotland) Act 2013 comes into force until the date on which the first report is laid,

(b) in the case of a subsequent report, period of time from the date on which the previous report is laid until the date on which the subsequent report is laid,

"section 5 power" means order-making power conferred by section 5(1).".

S-2 Refusal notices

2 Refusal notices

In section 18 (further provision as respects responses to request) of the FOI Act, in subsection (1), after the words "sections 28 to 35," there is inserted "38,".

S-3 Accessible information

3 Accessible information

In section 25 (informa tion otherwise accessible) of the FOI Act, for subsection (3) there is substituted-

"(3) For the purposes of subsection (1), information is to be taken to be reasonably obtainable if-
(a)it is available-

(i) on request from the Scottish public authority which holds it, and

(ii) in accordance with the authority's publication scheme, and

(b) any associated payment required by the authority is specified in...

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