Freedom of Information (Amendment) (Scotland) Act 2013
| Jurisdiction | Scotland |
| Citation | 2013 asp 2 |
| Year | 2013 |
(1) In section 5 (further power to designate Scottish public authorities) of the FOI Act, for subsection (5) there is substituted—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 In section 25 (information otherwise accessible) of the FOI Act, for subsection (3) there is substituted— on request from the Scottish public authority which holds it, andin accordance with the authority's publication scheme, andany associated payment required by the authority is specified in or determined under the scheme.in subsection (1) , the words “subsection (1) of section 57 or” are repealed,after subsection (1) there is inserted—
- “(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
- “(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.
- “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) .
- “(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
- “(1A) The Scottish Ministers may by order—
- (a) make provision modifying any enactment in accordance with which a record becomes a “historical record” for the purposes of this Part, and
- (b) do so by amending this Part or otherwise.
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