Intervention Procedures

These procedures set out the steps the Commissioner follows to apply the Enforcement Policy on non-compliance with FOI law. The Commissioner will intervene where it appears that an authority's practice is, or may be:

  • in breach of statutory duties under the Freedom of Information (Scotland) Act 2002 and/ or the Environmental Information (Scotland) Regulations 2004, or
  • falling short of Government good practice guidance, particularly the section 60 Code of Practice.

Our interventions are appropriate and proportionate, based on robust and accurate evidence.

The procedures describe:

  • the types of evidence we gather to appraise authority practice
  • the criteria we apply in deciding to intervene
  • the levels of intervention activity we undertake, and
  • the management and reporting of interventions.

Intervention Procedures

Intervention 201702106: Scottish Government

In November 2017, the Commissioner confirmed that he would undertake an intervention into the Scottish Government's FOI performance. Read more Intervention 201702106 Scottish Government.

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