Originally published 28 July 2010
The Scottish Government has today invited consultation on its proposal to increase the scope of the Freedom of Information (Scotland) Act 2002 ("the Act").
Those bodies currently subject to the provisions of the Act are Scottish Public Authorities as listed in Schedule 1 of the Act. However, the Scottish Government has the power to designate as a Scottish Public Authority any person who appears to exercise functions of a public nature, or any person who is providing, under a contract made with a Scottish Public Authority, any service whose provision is a function of that authority.
Accordingly, in terms of its powers the Scottish Government is proposing to extend the scope of the Act to a further 215 bodies, by designating them as Scottish Public Authorities. These bodies include:
- Contractors who run privately managed prisons and provide prisoner escort services;
- Leisure, sport and cultural trusts and bodies used by local authorities;
- The Glasgow Housing Association;
- The Association of Chief Police Officers in Scotland;
- Contractors who build and maintain schools;
- Contractors who build and maintain hospitals; and
- Contractors who build, manage and maintain trunk roads under private finance contracts.
A full list of those bodies affected can be found at Annex C to the consultation, which itself can be found at: http://scotland.gov.uk/Publications/2010/07/20123725/0
The consultation will take place over a fourteen week period, commencing on 28 July 2010, and terminating on 2 November 2010. Before making any order to extend the scope of the Act in accordance with Section 5, the Scottish Government must directly consult those bodies which will be affected by any such Order, as listed in Annex C.
One of the main concerns of those bodies listed in Annex C is likely to be the associated costs of responding to a Freedom of Information request in accordance with the Act. It has been estimated by the Scottish Government that the average time spent in responding to such requests is 7.5 hours.
Further concerns of public authority contractors are likely to centre around their ability and willingness to tender competitively if their tender documentation must be made publicly available in response to a relevant Freedom of Information request. The Scottish Government has stated that it welcomes views and evidence on this issue.
The Office of Fair Trading have confirmed that, from their perspective, there are no particular competition issues to be considered at this stage.
If you think your organisation may be affected by the amendments to the Freedom of Information legislation provided for in the consultation, now is the chance for you to have your say. Think about how your business will be affected by the new proposals, whether you have adequate resources to implement the amendments to the legislation both financially and in terms of available staff and adequate time, and let the Scottish Government know what you think.
Disclaimer
The material contained in this article is of the nature of general comment only and does not give advice on any particular matter. Recipients should not act on the basis of the information in this e-update without taking appropriate professional advice upon their own particular circumstances.
