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Freedom of Information

Freedom of Information Act (Scotland) 2002

Guidance for Crown Bodies

The Freedom of Information (Scotland) Act comes into force on 1 January 2005 and during the course of 2004 Public Authorities are due to prepare Publication Schemes and submit these to the Scottish Information Commissioner for approval. The following guidance will support production of these Schemes. Although produced primarily for Crown Bodies much of the guidance is also relevant to other Public Authorities.

The guidance should be read alongside that produced by the Scottish Information Commissioner.

This guidance covers:

• Legislative Materials and the Edinburgh Gazette
• Copyright and Licensing
• Charging
• Lists of Publications and other Information Assets

Publication Schemes

The Freedom of Information (Scotland) Act introduces a general right of access to all types of ’recorded’ information of any age held by Scottish public authorities. Subject to certain conditions and exemptions, any person who makes a request for information will be entitled to receive it. The right of access was brought into force in January 2005.

Under the Act all Scottish public authorities were required to produce a publication scheme setting out:

• the classes of information which it publishes or intends to publish;
• the manner in which it intends to publish the information; and
• whether a charge will be made for the information.

All Scottish public authorities were required by 28 February 2004 to submit a draft of their Publication Scheme for approval by the Scottish Information Commissioner. The OQPS Publication Scheme, reproduced here, has been approved by the Scottish Information Commissioner. It sets out the information which OQPS publishes or intends to publish and covers four broad subject areas.

• OQPS Publication Scheme (Word - 147 kb)