Freedom of Information: extension of coverage to registered social landlords - consultation response

Introduction

The Freedom of Information (Scotland) Act 2002 (the Act) provides a statutory right of access to information held by Scottish public authorities. The legislation applies to those public authorities listed in schedule 1, as well as companies wholly owned by authorities listed in schedule 1.

In addition, the Act's provisions can be extended to other bodies, including private bodies, that carry out functions of a public nature or which provide, under a contract with a Scottish public authority, a service which is a function of that authority.

To date, two orders under section 5 of the Act have been agreed by the Scottish Parliament and are in force. The orders have designated as public authorities for the purposes of the Act certain arm's length organisations, private prison contractors, providers of secure accommodation for children, grant-aided and independent special schools and Scottish Health Innovation Ltd.

Consultation on the terms of a draft order extending the Act to registered social landlords (RSLs) and connected bodies was undertaken between December 2017 and March 2018. Information on this consultation – including published responses – can be found on the Scottish Government consultation webpages^[1]

This report, following consultation, sets out the Scottish Government's conclusions.