Freedom of Information (Scotland) Act 2002

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Freedom of Information (Scotland) Act 2002
Commencement
30 September 2002[1]
31 October 2003,[2]
30 April 2004
and 1 January 2005[3]
Other legislation
Relates toFreedom of Information Act 2000
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted
Text of the Freedom of Information (Scotland) Act 2002 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Freedom of Information (Scotland) Act 2002 (asp 13) was an

public bodies over which the Scottish Parliament has jurisdiction, fulfilling a similar purpose to the UK-level Freedom of Information Act 2000
. It, too, came into force at the beginning of 2005.

Not all public bodies situated in Scotland fall under this remit - Scottish-based departments of the Ministry of Defence, for example, are not subject to the Scottish Parliament, and thus would be covered by the 2000 Act not the 2002 Act. Similarly the Scottish parts of UK-wide bodies such as the Forestry Commission (which is headquartered in Scotland) are subject to the 2000 Act rather than the 2002 Act, even though they fall within the remit of the Scottish Parliament. The Act also created a Scottish Information Commissioner, whose duties were similar to those of the Information Commissioner, but limited to the bodies covered by the 2002 Act.

Whilst the two Acts are similar in principle, there are some significant differences in implementation; as a rule, the Scottish Act is more strongly worded. For example, the Scottish test for

disability access rights
and the duties incumbent on a body which does not have the information requested, both of which are lacking in the 2000 Act, and provides for an objective test (rather than "the reasonable opinion of a qualified person") to determine if the public interest means information should be withheld.

The 2002 Act established a Scottish Information Commissioner, but no tribunal; any appeals against the Commissioner would go to the Court of Session.

See also

References

  1. ^ "The Freedom of Information (Scotland) Act 2002 (Commencement No. 1) Order 2002". 24 September 2002. Retrieved 7 June 2008.
  2. ^ "The Freedom of Information (Scotland) Act 2002 (Commencement No. 2) Order 2003". 2 October 2003. Retrieved 7 June 2008.
  3. ^ "The Freedom of Information (Scotland) Act 2002 (Commencement No. 3) Order 2004". 29 April 2004. Retrieved 7 June 2008.

External links

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