Law > The Freedom of Information (Scotland) Act 2002
The Freedom of Information (Scotland) Act 2002
The Freedom of Information (Scotland) Act 2002 (or "FOISA") came into force on 1 January 2005. Under FOISA, a person who requests information from a Scottish public authority which holds it is entitled to be given it by the authority subject to certain conditions and exemptions set out in the Act.
FOISA is enforced and promoted by the Scottish Information Commissioner.
We have published a short guide to your rights under FOISA, entitled Your Right To Know - A Guide to FOI in Scotland and you can find out more about your rights in the Your Rights section of the website. We also maintain a series of more detailed briefings on exemptions and key concepts which can be found at the briefings and guidance pages of the website.
Below is a list of all legislation relating to Freedom of Information in Scotland, with links to the full text on the legislation.gov.uk website. The list includes the original Act, regulations, amendments, and orders designating new authorities.
Commencement and modification orders
Fees and timescales regulations
Designation orders
Other amendment acts and orders
- The Coronavirus (Scotland) Act 2020
Part 2 of Schedule 6 to the Coronavirus (Scotland) Act made temporary changes to FOI, including - for a short period - extending the maximum timescales for responding to requests, and giving the Commissioner the discretion to find that an authority had not failed to comply by virtue of failing to meet the statutory timescales if the failure was to due to the effects of the coronavirus Covid-19 pandemic. Visit our Covid-19 Information Hub to find out more.
- The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2020
This order added the Scottish Animal Welfare Commission to the list of authorities covered by the FOI Act.
- The ILF (Miscellaneous Listings) Order 2018
This order added ILF Scotland to the list of authorities covered by the FOI Act.
- The Ethical Standards in Public Life etc. (Scotland) Act 2000 (Devolved Public Bodies and Stipulated Time Limit) and the Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2011
The effect of this order in relation to FOI was to add Children's Hearings Scotland to the list of authorities covered.
- The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2014
- The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2013
- The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2000
Each of these three orders amended Part 7 of Schedule 1 to the original Act, to add and remove authorities from the list of those which are subject to the Act, due to them no longer existing or following changes made through other legislation.
- The Freedom of Information (Relaxation of Statutory Prohibitions on Disclosure of Information) (Scotland) Order 2008
Under the 2002 Act, information can be withheld if an authority would be in breach of other legislation by disclosing it. This order amended a handful of other laws - relating to, for example, factories, offices, medicines and health & safety - so that their prohibition on disclosure does not apply where the information is provided in accordance with FOI.
- The Freedom of Information (Amendment) (Scotland) Act 2013
This Act amended FOI in relation to: powers to define what constitutes a 'historical record' and to determine the lifespan of some exemptions; ability to prosecute where information has been altered, destroyed or concealed to prevent disclosure; and use of section 5 to widen the scope of FOI, including requiring Scottish Ministers to report on its use.
- The Freedom of Information (Amendment) (Scotland) Act 2013 (Commencement and Transitional Provision) Order 2013
This order brought the Amendment Act into force and clarified transitional arrangements.
- The Freedom of Information (Scotland) Act 2002 (Historical Periods) Order 2013
Using the powers granted by the 2013 Amendment Act, this order altered the time period after which a record becomes a historical record for FOI purposes, reducing it from 30 years to 15 years with some exceptions.
Codes of practice
Although not formal legislation, there are two codes of practice that Scottish Ministers are required to produce and maintain under FOISA and which all authorities are advised to follow:
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