Freedom of Information (Scotland) Act 2002
Encyclopedia
The Freedom of Information (Scotland) Act 2002 (asp 13) was an Act of the Scottish Parliament
passed in 2002. It covers 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 public interest
is stated in terms of "substantial prejudice" rather than "prejudice", which is clearly a higher standard, and imposes a stricter time limit in cases where public interest has to be considered. It contains explicit mention of 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
.
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
passed in 2002. It covers public bodies
Scottish public bodies
Public bodies of the Scottish Government are organisations that are funded by the Scottish Government. It includes executive and advisory non-departmental public bodies ; tribunals; and nationalised industries....
over which the Scottish Parliament has jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
, fulfilling a similar purpose to the UK-level Freedom of Information Act 2000
Freedom of Information Act 2000
The Freedom of Information Act 2000 is an Act of Parliament of the Parliament of the United Kingdom that creates a public "right of access" to information held by public authorities. It is the implementation of freedom of information legislation in the United Kingdom on a national level...
. It, too, came into force at the beginning of 2005.
Not all public bodies situated in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
fall under this remit - Scottish-based departments of the Ministry of Defence
Ministry of Defence (United Kingdom)
The Ministry of Defence is the United Kingdom government department responsible for implementation of government defence policy and is the headquarters of the British Armed Forces....
, 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
Forestry Commission
The Forestry Commission is a non-ministerial government department responsible for forestry in Great Britain. Its mission is to protect and expand Britain's forests and woodlands and increase their value to society and the environment....
(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
Scottish Information Commissioner
The Scottish Information Commissioner is responsible for the promotion and enforcement of the Freedom of Information Act 2002 and the ....
, 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 public interest
Public interest
The public interest refers to the "common well-being" or "general welfare." The public interest is central to policy debates, politics, democracy and the nature of government itself...
is stated in terms of "substantial prejudice" rather than "prejudice", which is clearly a higher standard, and imposes a stricter time limit in cases where public interest has to be considered. It contains explicit mention of 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
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
; any appeals against the Commissioner would go to the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
.