Reviewing and amending an approved publication scheme
By law authorities are required to review their publication schemes from time to time. In practice this means ensuring that schemes are kept up to date. Authorities need to put in place appropriate arrangements to check their schemes and to ensure that new information is added as it becomes available.
Authorities can make most changes without having to contact the Scottish Information Commissioner. They can:
- change the format of their schemes or guides to information, details of the public authority, terminology and contact details
- add new documents or information to an existing class of information
- delete existing documents or information from an existing class of information, but only where the deletion does not substantively alter the class description.
Where an authority has adopted a model publication scheme, it cannot amend the scheme. If the authority wishes to recommend changes to the scheme, it must in the first instance contact the author of the scheme and if the author agrees, an approach should be made to the Commissioner for approval of any changes. Where the Commissioner is the author of the scheme, please contact us with your recommendations.
The following guidance applies to bespoke publication schemes only.
Amending bespoke schemes
In most cases, as above, authorities which have adopted a bespoke scheme of their own design can make amendments to their scheme.
In the following cases, however, the Commissioner must be notified:
- changes to the charging policy or revised charges for information within classes
- addition of a new class of information for which there is no specified charge
- any changes to the content of the scheme which relate to the authority's duties under the Freedom of Information (Scotland) Act 2002 or the Environmental Information (Scotland) Regulations 2004.
The Commissioner's staff, on receiving a notification of such changes, will advise the authority whether approval is required for the changes. If no approval is required, the Commissioner's staff will note the amendments to the scheme and contact the authority to confirm no approval is necessary. The authority may implement the changes as soon as confirmation is received.
Cases where the Commissioner's approval is required for amendments to bespoke schemes
- addition of a new information class in which there is information for which there is a specified charge
- deletion of a class of information from an approved publication scheme (the authority must specify the reasons for deletion of the class in its submission).
To notify the Commissioner or submit an amendment for approval, the authority should send the publication scheme, indicating the proposals for changes to publicationschemes@itspublicknowledge.info. An acknowledgement of the submission will be sent to you within 2 working days and a full response within 20 working days.
In cases where the Commissioner's approval is required, the revised scheme, rather than the amendments only, will be approved. An approval letter or email will be sent to the authority.