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.

• The Freedom of Information (Scotland) Act 2002

Commencement and modification orders

• The Freedom of Information (Scotland) Act 2002 (Commencement No. 1) Order 2002
• The Freedom of Information (Scotland) Act 2002 (Commencement No. 2) Order 2003
• The Freedom of Information (Scotland) Act 2002 (Commencement No. 3) Order 2004
• The Freedom of Information (Scotland) Act 2002 (Consequential Modifications) Order 2004

Fees and timescales regulations

• The Freedom of Information (Fees for Required Disclosure) (Scotland) Regulations 2004
  These Regulations set out what an authority may charge for providing information in response to a request.
• The Freedom of Information (Fees for Disclosure under Section 13) (Scotland) Regulations 2004
  These Regulations cover the fee that can be charged where the cost of responding exceeds £600.
• The Freedom of Information (Scotland) Act 2002 (Time for Compliance) Regulations 2016
  These Regulations vary the time allowed for grant-aided and independent special schools to respond, to take into account their closure during school holidays. The extension does not apply to schools run by local authorities.

Designation orders

• The Freedom of Information (Scotland) Act 2002 (Designation of Persons as Scottish Public Authorities) Order 2013
  The 2013 Order 'designated' (brought into the scope of the Act) leisure, sports and cultural trusts created by local authorities, and came into force on 1st April 2014.
• The Freedom of Information (Scotland) Act 2002 (Designation of Persons as Scottish Public Authorities) Order 2016
  The 2016 Order, effective from 1st September, applied to privately-run prisons, secure accommodation providers, grant-aided and independent special schools, and Scottish Health and Innovations Limited.
• The Freedom of Information (Scotland) Act 2002 (Designation of Persons as Scottish Public Authorities) Order 2019
  From 11th November 2019, registered social landlords (housing associations) and many of their subsidiaries became subject to FOI in Scotland, in relation to certain functions and services.

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 2008
  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:

• Code of Practice on the Discharge of Functions by Scottish Public Authorities
  The 'Section 60 Code' sets out good practice for Scottish public authorities to follow in complying with FOISA and also the Environmental Information (Scotland) Regulations 2004 (the "EIRs") - including publishing information, responding to requests and providing advice and assistance.
• Code of Practice on Records Management by Scottish Public Authorities
  The 'Section 61 Code' describes good practice for Scottish public authorities to follow in connection with the keeping, management and destruction of their records in support of their compliance with FOISA.

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