Scottish Government insurance guidance: FOI request

Information requested

1. Copies of all commercial Scottish Government public liability insurance policy certificates, with what is covered, policy numbers providers and underwriters held by Scottish Government. In particular, make sure anything regarding 'pollution liability' 'policy enhancement' and 'schedules of exclusions' documents in relation to the commercial public liability insurance policy held by Scottish Government.

2.Copies of the 'certificate of indemnity' from Scottish Government that may include the public insurance provider, and underwriters confirming that any injuries damages or adverse health affects directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, non ionising radiation emitting devices and equipment.

Response

The Scottish Government and it’s sponsored bodies generally self-insure in accordance with the guidance on Insurance set out in the Scottish Public Finance Manual. As detailed in the guidance, public bodies may take out commercial insurance policies in specific circumstances or where required by Law. The Scottish Government holds no central records of such arrangements.

The Scottish Public Finance Manual specifically states:

• Crown bodies are not bound by the Employers' Liability (Compulsory Insurance) Act 1969 or the relevant Road Traffic Acts. Constituent parts of the Scottish Administration (Scottish Government and its agencies), therefore, are not statutorily required to insure the risks which may arise under those Acts.

• SG sponsored bodies are not Crown bodies and must insure commercially where there is a legal requirement to do so. It should be noted however that SG sponsored bodies do not necessarily have to insure against employers' liability risks and certain SG sponsored bodies are excluded from the requirement in section 143 of the Road Traffic Act 1988 to be insured or secured against third-party risks.

• The Employers' Liability (Compulsory Insurance) (Amendment) Regulations 1998 (as amended by the Scotland Act 1998 (Consequential Modifications) No 2) Order 1999) provides exemption for any Public body which holds a certificate issued by the Scottish Ministers. Responsibility for the issue of certificates rests with the SG sponsor unit.

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