Access to information rights: consultation analysis

Footnotes

1. See PAPLS/2020/5/19/Post-legislative-scrutiny--Freedom-of-Information--Scotland--Act-2002">Post-legislative scrutiny: Freedom of Information (Scotland) Act 2002 | Scottish Parliament

2. See: Letter from Minister for Parliamentary Business to PAPLS Convener – 25 Feb 2021

3. Access to information rights in Scotland: consultation - gov.scot (www.gov.scot)

4. Public Records (Scotland) Act 2011, https://www.legislation.gov.uk/asp/2011/12/contents.

5. National Records of Scotland, Model Records Management Plan, https://www.nrscotland.gov.uk/record-keeping/public-records-scotland-act-2011/resources/model-records-management-plan.

6. see Access to information rights in Scotland: a consultation (www.gov.scot) - page 12

7. FOI 10 years on: Are the right organisations covered? – Scottish Information Commissioner - 2015

8. Proactive Publication – time for a rethink? - Scottish Information Commissioner - 2017

9. The Law Society of Scotland is included in this category. The Law Society of Scotland is not presently recognised as a Scottish public authority. The Regulation of Legal Services (Scotland) Bill introduced in the Scottish Parliament on 20 April 2023 proposes to make certain aspects of its functions subject to FOISA.

10. 30. Freedom of Information (Scotland) Bill: Policy Memorandum - 27 September 2001 (see para 111-117)

11. For clarity, the system of prosecution and investigation of deaths is not excluded from FOISA, only from the Commissioner's power to consider appeals.

12. Section 52 of the FOISA currently requires the First Minister to lay a copy of any certificate issued under section 52 before the Scottish Parliament within 10 days

13. See R (on the application of Evans) and another (Respondents) v Her Majesty's Attorney General (Appellant) - The Supreme Court