Freedom of Information (Scotland) Act 2002

[^key-5656a68a5138b283d8f4abe5c8fc8c76]: Words in s. 38(5A) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss., 70(8)(b)(9)(b), 142(1); S.I. 2026/82, reg. 2(c)

[^key-e4599441fc7ed3a2077258ae13913ebe]: Words in sch. 1 para. 10 substituted (1.3.2026) by Education (Scotland) Act 2025 (asp 11), s. 66(2), sch. 4 para. 16(2); S.S.I. 2026/2, reg. 2(4)(5), sch. Pt. 2 (with reg. 9)

[^key-896a1a38e93a02d81cb6846c4952ccb4]: Sch. 1 para. 63B inserted (1.4.2026) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 70(1), 73(2); S.S.I. 2025/260, reg. 3, sch. Pt. 2

[^key-e47edd418d99d4e7a00cabe8eed1f30c]: Sch. 1 para. 32A repealed (1.4.2026) by The National Health Service (Functions of the Common Services Agency) (Miscellaneous Amendments) (Scotland) Order 2026 (S.S.I. 2026/20), art. 1(1), sch. para. 3 (with art. 6)

Pensions, allowances, etc.

Grant of warrants

61A

Bòrd na Gàidhlig

75A

The Police Complaints Commissioner for Scotland.

62C

Creative Scotland.

General functions of Commissioner

Confidentiality of information obtained by or furnished to Commissioner

Strategic plans

46A

• (1) The Commissioner must, in respect of each 4 year period, lay before the Parliament a plan (referred to in this section as a “strategic plan”) setting out how the Commissioner proposes to perform the Commissioner's functions during the 4 year period.

• (2) A strategic plan must, in particular, set out—

• (a) the Commissioner's objectives and priorities during the 4 year period,

• (b) how the Commissioner proposes to achieve them,

• (c) a timetable for doing so, and

• (d) estimates of the costs of doing so.

• (3) Before laying a strategic plan before the Parliament, the Commissioner must provide a draft of it to and invite, and (if any are given) consider, comments on it from—

• (a) the Parliamentary corporation,

• (b) the Keeper of the Records of Scotland, and

• (c) such other persons as the Commissioner thinks appropriate.

• (4) The reference in subsection (3)(c) to other persons includes a committee of the Parliament.

• (5) The Commissioner must lay each strategic plan before the Parliament not later than the beginning of the 4 year period to which the plan relates.

• (6) The Commissioner must arrange for the publication of each strategic plan laid before the Parliament.

• (7) The Commissioner may, at any time during a 4 year period, review the strategic plan for the period and lay a revised strategic plan before the Parliament.

• (8) Subsections (2) to (7) apply to a revised strategic plan as they apply to a strategic plan.

• (9) In that application, the reference in subsection (5) to the 4 year period is a reference to the period to which the revised strategic plan relates.

• (10) In this section, “4 year period” means the period of 4 years beginning on 1 April next following the coming into force of this section and each subsequent period of 4 years.

Power to make provision relating to environmental information

Code of practice as to functions under this Act

Orders and regulations

27A

Healthcare Improvement Scotland.

62ZZA

The Commissioner for Ethical Standards in Public Life in Scotland.

75ZA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

85B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

102A

Social Care and Social Work Improvement Scotland.

Status

Budget

4A

• (1) The Commissioner must, before the start of each financial year, prepare proposals for the Commissioner's use of resources and expenditure during the year (a “budget”) and, by such date as the Parliamentary corporation determines, send the budget to the Parliamentary corporation for approval.

• (2) The Commissioner may, in the course of a financial year, prepare a revised budget for the remainder of the year and send it to the Parliamentary corporation for approval.

• (3) In preparing a budget or revised budget, the Commissioner must ensure that the resources of the Commissioner will be used economically, efficiently and effectively.

• (4) A budget or revised budget must contain a statement that the Commissioner has complied with the duty under sub-paragraph (3).

Location of office

7

The Commissioner must comply with any direction given by the Parliamentary corporation as to the location of the Commissioner's office.

Sharing of premises, staff, services and other resources

8

The Commissioner must comply with any direction given by the Parliamentary corporation as to the sharing of premises, staff, services or other resources with any other officeholder or any public body.

Restrictions on subsequent appointments etc.

9

• (1) A person who has ceased being the Commissioner may not, without the approval of the Parliamentary corporation—

• (a) be employed or appointed in any other capacity by the Commissioner,

• (b) be a Scottish public authority or hold office in, or be an employee or appointee of, a Scottish public authority, or

• (c) hold any other office, employment or appointment or engage in any other occupation, being an office, employment, appointment or occupation which, by virtue of section 42(3B)(a), that person could not have held or, as the case may be, engaged in when Commissioner.

• (2) The restriction in sub-paragraph (1)—

• (a) starts when the person ceases to be the Commissioner, and

• (b) ends on the expiry of the financial year next following the one in which it started.

Grant of warrants

62ZZZA

Children’s Hearings Scotland.

61B

The British Waterways Board.

50A

The Scottish Police Authority.

Status

79A

The Scottish Association of Citizens Advice Bureaux, but only in respect of information relating to the functions exercisable by virtue of article 2 of the Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 S.I. 2013/783. and articles 3(1)(a), (b) and (d) of the Public Bodies (Abolition of the National Consumer Council and the Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/…)

85ZA

The Scottish Fire and Rescue Service.

62D

The Criminal Courts Rules Council.

72A

Mobility and Access Committee for Scotland.

75AB

The Police Investigations and Review Commissioner.

80AA

The Scottish Civil Justice Council.

7A

• (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.

• (5) A report may—

• (a) summarise any response to a consultation carried out during the reporting period as regards the exercise of the section 5 power,

• (b) indicate any intention to exercise the power in the future,

• (c) include such additional information as the Scottish Ministers consider appropriate.

• (6) In this section—

• “reporting period” means—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,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).

Power to amend or repeal enactments prohibiting disclosure of information

65A

• (1) Proceedings for an offence under section 65(1) may be commenced within the period of 6 months beginning with the date on which evidence that the prosecutor believes is sufficient to justify the proceedings came to the prosecutor's knowledge.

• (2) No such proceedings may be commenced more than 3 years—

• (a) after the commission of the offence, or

• (b) in the case of a continuous contravention, after the last date on which the offence was committed.

• (3) In the case of a continuous contravention, the complaint may specify the entire period during which the offence was committed.

• (4) A certificate signed by or on behalf of the prosecutor stating the date on which the evidence referred to in subsection (1) came to the prosecutor's knowledge is conclusive as to that fact (and such a certificate purporting to be so signed is to be regarded as being so signed unless the contrary is proved).

• (5) Section 136(3) of the Criminal Procedure (Scotland) Act 1995 applies for the purposes of this section as it does for those of that section.

Orders and regulations

Interpretation

7B

Food Standards Scotland.

18B

The Scottish Housing Regulator.

62ZC

The Convener of the School Closure Review Panels.

67ZA

Historic Environment Scotland.

67B

An integration joint board established by order under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014.

68ZA

The James Hutton Institute.

71A

The Moredun Research Institute.

76A

A School Closure Review Panel constituted under section 17A(3) of the Schools (Consultation) (Scotland) Act 2010.

98A

The Scottish Sentencing Council.

63A

Crown Estate Scotland.

18AA

The Scottish Fiscal Commission

62ZZC

Community Justice Scotland.

67ZB

ILF Scotland.

90A

The Scottish Land Commission.

75AC

The Poverty and Inequality Commission

80C

The Scottish Commission on Social Security.

102B

South of Scotland Enterprise.

35A

Public Health Scotland.

85ZB

The Scottish Fuel Poverty Advisory Panel.

77A

The Scottish Animal Welfare Commission.

92C

The Scottish National Investment Bank p.l.c.

79B

The Scottish Biometrics Commissioner.

61AA

Boundaries Scotland

75BA

Redress Scotland.

7AA

Environmental Standards Scotland.

Pensions, allowances, etc.

Execution of warrants

7ZA

Consumer Scotland.

50B

The Police Negotiating Board for Scotland.

85ZAA

The Scottish Food Commission

95A

The Scottish Pubs Code Adjudicator.

74A

The Patient Safety Commissioner for Scotland.

107

Zero Waste Scotland.

75AD

Qualifications Scotland.

63B

Electoral Management Board for Scotland.