Freedom of Information (Scotland) Act 2002 and Environmental Information (Scotland) Regulations 2004 updated

The Scottish Government has published an updated version of the Section 60 Code of Practice on the discharge of functions by Scottish public authorities under the Freedom of Information (Scotland) Act 2002 (FOISA) and Environmental Information (Scotland) Regulations 2004 (EIRs). The new Code has been prepared by the Scottish Government in close consultation with the Scottish Information Commissioner and his team. 

Persons providing pharmaceutical services under Part II of the National Health Service (Scotland) Act 1978 are subject to the requirements of FOISA and the EIRs, in relation to those services. 

The issuance of the revised Code fulfils a Scottish Government commitment to update the Code as it relates to:

1. handling of requests about services delivered by outsourcing partners
2. use of non-corporate platforms, and other developments in IT.
3. seeking clarification.
4. making the relationship between FOISA and the EIRs clearer for requesters.

Other notable changes include:

1. greater parity between each of the three principal duties under FOISA: to respond to requests for information, to proactively publish information and to advise and assist requesters;
2. further guidance on defining roles and responsibilities in relation to FOI and on training arrangements;
3. updated guidance on the handling of requests from individuals who may face additional barriers to submitting their request in written form;
4. further information about the role of the Scottish Information Commissioner, including in relation to interventions.

The fundamental principles underpinning the Code remain as before, but it is hoped that the revised edition will provide clearer guidance for authorities across a number of areas.

For further information, please contact the Scottish Government FOI Unit at: [email protected].