Freedom of Information (Scotland) Act 2002

• (5) The Scottish Ministers must lay the code, and any revised code made under this section, before the Parliament.

Code of practice as to the keeping, management and destruction of records

61

• (1) The Scottish Ministers are to issue, and may from time to time revise, a code of practice providing guidance to Scottish public authorities as to the practice which it would, in the opinion of the Ministers, be desirable for the authorities to follow in connection with the keeping, management and destruction of the authorities’ records.

• (2) The code may also include guidance as to the practice—

• (a) to be adopted in relation to the transfer of records to the Keeper of the Records of Scotland;

• (b) of reviewing records before they are so transferred; and

• (c) to be adopted where one Scottish public authority holds records on behalf of another such authority.

• (3) In exercising their functions under this section, the Scottish Ministers are to have regard to the public interest in allowing public access to information held by Scottish public authorities.

• (4) The code may make different provision for different Scottish public authorities.

• (5) Before issuing or revising the code the Scottish Ministers are to consult—

• (a) the Commissioner; and

• (b) the Keeper of the Records of Scotland.

• (6) The Scottish Ministers must lay the code, and any revised code made under this section, before the Parliament.

Part 7 — Miscellaneous and supplemental

Power to make provision relating to environmental information

62

• (1) In this section “the Aarhus Convention” means the Convention on Access to Information, Public Participation in Decision making and Access to Justice in Environmental Matters signed at Aarhus on 25th June 1998.

• (2) For the purposes of this section, “the information provisions” of the Aarhus Convention are Article 4, together with Articles 3 and 9 so far as relating to that Article.

• (3) The Scottish Ministers may, in relation to information held by or requested from any Scottish public authority, by regulations make such provision as they consider appropriate—

• (a) for the purpose of implementing the information provisions of the Aarhus Convention or any amendment of those provisions made in accordance with Article 14 of the Convention; and

• (b) for the purpose of dealing with matters arising out of, or related to, the implementation of those provisions or of any such amendment.

• (4) Regulations under subsection (3) may in particular—

• (a) enable charges to be made for making information available in accordance with the regulations;

• (b) provide that any obligation imposed by the regulations in relation to the disclosure of information is to have effect notwithstanding any enactment or rule of law;

• (c) make provision for the issue by the Scottish Ministers of a code of practice;

• (d) provide for sections 43 and 44 to apply in relation to such a code with such modifications as may be specified in the regulations;

• (e) provide for all or any of the provisions of Part 4 to apply, with such modifications as may be so specified, in relation to compliance with any requirement of the regulations; and

• (f) contain such transitional or consequential provision (including provision modifying any enactment) as the Scottish Ministers consider appropriate.

Disclosure of information to Scottish Public Services Ombudsman or to Information Commissioner

63

The Commissioner may disclose to—

• (a) the Scottish Public Services Ombudsman any information obtained by, or furnished to, the Commissioner under or for the purposes of this Act if it appears to the Commissioner that the information relates to a matter which is, or could be, the subject of an investigation by the Ombudsman under the Scottish Public Services Ombudsman Act 2002 (asp 11); or

• (b) the Information Commissioner any information so obtained or furnished if it appears to the Commissioner that the information so relates as is mentioned in paragraph (a) or (b) of section 11AA(1) of the Parliamentary Commissioner Act 1967 (c.13) (disclosure of information by Parliamentary Commissioner to Information Commissioner).

Power to amend or repeal enactments prohibiting disclosure of information

64

• (1) If it appears to the Scottish Ministers that by virtue of section 26(a) a relevant enactment is capable of preventing the disclosure of information under section 1, they may by order repeal or amend that enactment, in so far as it relates to any Scottish public authority, so as to remove or relax the prohibition.

• (2) In subsection (1)—

• “relevant enactment” means an Act of Parliament, or Act of the Scottish Parliament, which receives Royal Assent before the end of the calendar year in which this Act receives Royal Assent or any subordinate legislation made before the date on which this Act receives Royal Assent; and

• “information” includes unrecorded information.

• (3) An order under subsection (1) may do all or any of the following—

• (a) make such modifications of enactments as, in the opinion of the Scottish Ministers, are consequential upon, or incidental to, the repeal or amendment of the relevant enactment;

• (b) contain such transitional provisions and savings as appear to them to be appropriate;

• (c) make different provision in relation to different cases.

Offence of altering etc. records with intent to prevent disclosure

65

• (1) Where—

• (a) a request for information is made to a Scottish public authority; and

• (b) the applicant is, under section 1, entitled to be given the information or any part of it,

a person to whom this subsection applies who, with the intention of preventing the disclosure by the authority of the information, or part, to which the entitlement relates, alters, defaces, blocks, erases, destroys or conceals a record held by the authority, is guilty of an offence.

• (2) Subsection (1) applies to the authority and to any person who is employed by, is an officer of, or is subject to the direction of, the authority.

• (3) A person guilty of an offence under subsection (1) is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

Saving for existing powers of disclosure

66

Nothing in this Act is to be taken to limit the powers of a Scottish public authority to disclose information held by it.

Protection from actions for defamation

67

Where, in compliance with a request for information, information supplied to a Scottish public authority by a third party is communicated by the authority, under section 1, to the applicant, the publication to the applicant of any defamatory matter contained in the information so supplied is privileged unless that publication is shown to have been made with malice.

Scottish Parliament and Scottish Administration

68

Section 65 and paragraph 10 of schedule 3 apply to—

• (a) a member of the staff of, or a person acting on behalf of, the Parliament or the Parliamentary corporation; or

• (b) a member of the staff of the Scottish Administration,

as they apply to any other person; but none of those bodies is liable to prosecution under this Act.

Exercise of rights by children

69

• (1) Where a question falls to be determined as to the legal capacity of a person who has not attained the age of sixteen years to exercise any right conferred by any provision of this Act, any such person is to be taken to have that capacity who has a general understanding of what it means to exercise the right.

• (2) Without prejudice to the generality of subsection (1), a person who has attained the age of twelve years is to be presumed to be of sufficient age and maturity to have such understanding as is mentioned in that subsection.

Amendment of Public Records (Scotland) Act 1937

70

• (1) The Public Records (Scotland) Act 1937 (c.43) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) After section 12 there is inserted—

(12A) It shall be the duty of the Keeper to arrange that reasonable facilities are available to the public for— (a) inspecting; and (b) obtaining copies of, such records held by the Keeper as either fall to be disclosed in accordance with the Freedom of Information (Scotland) Act 2002 (asp 13) or comprise information which is exempt information (within the meaning of that Act) by virtue of section 25(2)(b)(ii) of that Act.

.

Amendment of Scottish Public Services Ombudsman Act 2002

71

• (1) In Part 2 of schedule 2 to the Scottish Public Services Ombudsman Act 2002 (asp 11) (persons listed as liable to investigation under that Act), after paragraph 45 there is inserted—

(45A) The Scottish Information Commissioner.

.

• (2) Schedule 4 to this Act, which contains amendments to that Act consequential on the provisions of this Act, has effect.

Orders and regulations

72

• (1) Any power of the Scottish Ministers to make an order or regulations under this Act is exercisable by statutory instrument.

• (2) A statutory instrument—

• (a) made in exercise of any of the powers conferred by sections 4(1) (except in the case mentioned in subsection (3)), 13(1) or 62(3) is subject to annulment in pursuance of a resolution of the Parliament;

• (b) containing an order under section 4(1) (but only in the case so mentioned), 5(1), 7(2) or (4)(b), 59(1) or (1A) or 64(1) or regulations under section 9(4), 10(4), 12, 20(7), 21(6) or 47(6) is not made unless a draft of the instrument has been—

• (i) laid before; and

• (ii) approved by resolution of,

the Parliament.

• (3) The case is that the instrument contains an order under paragraph (a) of section 4(1) and lists an authority in the way mentioned in section 7(1).

Interpretation

73

In this Act, unless the context requires a different interpretation—

• “the Commissioner” means the Scottish Information Commissioner;

• “body” includes an unincorporated association;

• “decision notice” has the meaning given by section 49(5);

• “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

• “enforcement notice” has the meaning given by section 51(1);

• “exempt information” means information which is so described in any provision of Part 2;

• “fees notice” has the meaning given by section 9(1);

• “information” (subject to sections 50(9) and 64(2)) means information recorded in any form;

• “information notice” has the meaning given by section 50(1);

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c.26);

• “the Parliamentary corporation” means the Scottish Parliamentary Corporate Body;

• “publication scheme” has the meaning given by section 23(1)(a);

• “refusal notice” has the meaning given by section 16(1) (including that section as read with section 18(2));

• “requirement for review” has the meaning given by section 20(2);

• “Scottish public authority” has the meaning given by section 3(1);

• “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c.30) but includes an instrument made under an Act of the Scottish Parliament; and

• “working day” means any day other than a Saturday, a Sunday, Christmas Day or a day which, under the Banking and Financial Dealings Act 1971 (c.80), is a bank holiday in Scotland.

Giving of notice etc.

74

• (1) In this Act, any reference to—

• (a) a notice being given is to be construed as a reference to its being—

• (i) delivered; ...

• (ii) posted , or

• (iii) transmitted by electronic means,

• (b) a request for information, a requirement for review or an application being made, or a certificate being given, is to be construed as a reference to its being—

• (i) delivered;

• (ii) posted; or

• (iii) transmitted by electronic means.

• (2) For the purposes of any provision of this Act, a thing—

• (a) posted is presumed not to be received until the third day after the day of posting; and

• (b) transmitted by electronic means is presumed to be received on the day of transmission.

Commencement

75

• (1) This section and sections 72 and 76 come into force on Royal Assent; and the other provisions of this Act come into force—

• (a) on such day as the Scottish Ministers may by order appoint, that day being, subject to paragraph (b), a day no later than 31st December 2005; or

• (b) if the Commissioner recommends to the Scottish Ministers that a day after 31st December 2005 and specified in the recommendation be so appointed and they accept that recommendation, then on the specified day as so appointed,

and different days may be so appointed (or as the case may be recommended and appointed) for different provisions, for different persons or categories of person and for different purposes.

• (2) An order under paragraph (b) of subsection (1) may contain such transitional provisions and savings (including provisions capable of having effect after the coming into force of provisions of this Act other than this section and sections 72 and 76) as the Scottish Ministers consider appropriate.

• (3) During—

• (a) that period of twelve months which begins with the date of Royal Assent; and

• (b) each subsequent period of twelve months until all the provisions of this Act are fully in force,

the Scottish Ministers are to prepare, and lay before the Parliament, a report of their proposals (including their response to any recommendations made under subsection (1)(b)) for bringing fully into force the provisions of this Act.

Short title

76

This Act may be cited as the Freedom of Information (Scotland) Act 2002.

SCHEDULE 1

Part 1 — Ministers, The Parliament

1

The Scottish Ministers.

2

The Scottish Parliament.

3

The Scottish Parliamentary Corporate Body.

Part 2 — Non Ministerial Office Holders In The Scottish Administration

4

The Chief Dental Officer of the Scottish Administration.

5

The Chief Medical Officer of the Scottish Administration.

6

Her Majesty’s Inspectors of Constabulary.

7

Her Majesty’s Chief Inspector of Prisons for Scotland.

8

Her Majesty’s Inspector of Anatomy for Scotland.

9

Her Majesty's Chief Inspector of the Scottish Fire and Rescue Service.

10

His Majesty’s Chief Inspector of Education in Scotland.

11

The Keeper of the Records of Scotland.

12

The Keeper of the Registers of Scotland.

13

A procurator fiscal.

14

The Queen’s and Lord Treasurer’s Remembrancer.

15

The Queen’s Printer for Scotland.

16

The Registrar General of Births, Deaths and Marriages for Scotland.

17

The Registrar of Independent Schools in Scotland.

18

A rent officer appointed under section 43(3) of the Rent (Scotland) Act 1984 (c.58).

Revenue Scotland

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 3 — Local Government

20

An assessor appointed under section 27(2) of the Local Government etc. (Scotland) Act 1994 (c.39).

21

A council constituted by section 2 of that Act.

22

A joint board, within the meaning of section 235(1) of the Local Government (Scotland) Act 1973 (c.65).

23

A licensing board continued in existence by or established under section 5 of the Licensing (Scotland) Act 2005 (asp 16).

24

The Strathclyde Passenger Transport Authority.

Part 4 — The National Health Service

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

The Common Services Agency for the Scottish Health Service.

27

A Health Board, constituted under section 2 of the National Health Service (Scotland) Act 1978.

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

A local health council, established under section 7 of the National Health Service (Scotland) Act 1978.

31

A National Health Service trust.

32

NHS 24.

33

A person providing primary medical services under a general medical services contract (within the meaning of the National Health Service (Scotland) Act 1978) or general dental services, general ophthalmic services or pharmaceutical services under Part II of that Act, but only in respect of information relating to the provision of those services.

34

A person providing primary medical services or personal dental services under arrangements made under section 17C of that Act, but only in respect of information relating to the provision of those services.

35

A person providing, in Scotland, piloted services within the meaning of the National Health Service (Primary Care) Act 1997 (c.46), but only in respect of information relating to the provision of those services.

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

The Scottish Advisory Committee on Distinction Awards.

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39

The Scottish Ambulance Service Board.

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41

The Scottish Dental Practice Board.

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45

The State Hospitals Board for Scotland.

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 5 — Educational institutions

47

The board of management of a college of further education (expressions used in this paragraph having the same meaning as in section 36(1) of the Further and Higher Education (Scotland) Act 1992 (c.37)).

48

A central institution within the meaning of the Education (Scotland) Act 1980.

49

An institution in receipt of funding from the Scottish Further and Higher Education Funding Council or a regional strategic body (within the meaning of the Further and Higher Education (Scotland) Act 2005) other than any institution whose activities are principally carried on outwith Scotland.

Part 6 — Police

50

A chief constable of the Police Service of Scotland.

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 7 — Others

53

The Accounts Commission for Scotland.

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

57

Audit Scotland.

58

The Auditor General for Scotland.

59

The Board of Trustees for the National Galleries of Scotland.

60

The Board of Trustees of the National Museums of Scotland.

61

The Board of Trustees of the Royal Botanic Garden, Edinburgh.

62

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63

The Crofters Commission.

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66

The General Teaching Council for Scotland.

67

Highlands and Islands Enterprise.

68

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

69

...

A Justice of the Peace Advisory Committee established under the Justices of the Peace (Scotland) Order 2007.

70

Learning and Teaching Scotland.

71

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

72

The Mental Welfare Commission for Scotland.

73

A National Park authority, established by virtue of schedule 1 to the National Parks (Scotland) Act 2000 (asp 10).

74

The Parole Board for Scotland.

75

A person appointed for Scotland under section 3(1) of the Local Government and Housing Act 1989 (c.42).

76

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

77

The Scottish Agricultural Wages Board.

78

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

79

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80

The Scottish Children’s Reporter Administration.

81

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

82

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

83

The Scottish Criminal Cases Review Commission.

84

Scottish Enterprise.

85

The Scottish Environment Protection Agency.

86

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

87

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

88

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

89

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

90

The Scottish Information Commissioner.

91

The Scottish Law Commission.

92

The Scottish Legal Aid Board.

93

Scottish Natural Heritage.

94

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

95

The Scottish Public Services Ombudsman.

96

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

97

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

98

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

99

The Scottish Social Services Council.

100

The Scottish Sports Council.

101

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

102

Scottish Water.

103

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

104

The Standards Commission for Scotland.

105

The National Library of Scotland .

106

The Water Industry Commission for Scotland.

SCHEDULE 2

Status

1

• (1) The Commissioner and that officer’s staff are not to be regarded as servants or agents of the Crown or as having any status, immunity or privilege of the Crown; and the Commissioner’s property is not to be regarded as property of, or property held on behalf of, the Crown.

• (2) The Commissioner is, as such, to be regarded as a juristic person distinct from the natural person holding the office.

Pensions, allowances, etc.

2

• (1) The Parliamentary corporation may make arrangements for the payment of pensions, allowances or gratuities to, or in respect of, any person who has ceased to hold the office of Commissioner and (without prejudice to that generality) may—

• (a) make contributions or payments towards provision for such pensions, allowances or gratuities; and

• (b) for the purposes of this sub-paragraph, establish and administer one or more pension schemes.

• (2) The references in sub-paragraph (1) to pensions, allowances and gratuities include references to, as the case may be, pensions, allowances or gratuities by way of compensation for loss of office.

Staff

3

• (1) The Commissioner may appoint such staff, on such terms and conditions, as that officer may determine.

• (2) The Commissioner may make arrangements for the payment of pensions, allowances or gratuities to, or in respect of, any person who has ceased to be a member of such staff and (without prejudice to that generality) may—

• (a) make contributions or payments towards provision for such pensions, allowances or gratuities; and

• (b) for the purposes of this sub-paragraph, establish and administer one or more pension schemes.

• (3) The references in sub-paragraph (2) to pensions, allowances and gratuities include references to, as the case may be, pensions, allowances or gratuities by way of compensation for loss of employment.

• (4) The exercise of a power in sub-paragraph (1) or (2) is subject to the approval of the Parliamentary corporation.

Accountable officer

4

• (1) The Parliamentary corporation is to designate the Commissioner or a member of that officer’s staff as the accountable officer for the purposes of this paragraph.

• (2) The functions of the accountable officer are—

• (a) those specified in sub-paragraph (3); and

• (b) where the accountable officer is not the Commissioner, the duty set out in sub-paragraph (4),

and the accountable officer is answerable to the Parliament for the exercise of those functions.

• (3) The functions referred to in sub-paragraph (2)(a) are—

• (a) signing the accounts of the expenditure and receipts of the Commissioner;

• (b) ensuring the propriety and regularity of the finances of the Commissioner; and

• (c) ensuring that the resources of the Commissioner are used economically, efficiently and effectively.

• (4) The duty referred to in sub-paragraph (2)(b) is a duty, where the accountable officer is required to act in some way but considers that to do so would be inconsistent with the proper performance of the functions specified in sub-paragraph (3), to—

• (a) obtain written authority from the Commissioner before taking the action; and

• (b) send a copy of that authority as soon as possible to the Auditor General.

Accounts

5

• (1) The Commissioner must—

• (a) keep accounts; and

• (b) prepare annual accounts in respect of each financial year,

in accordance with such directions as the Scottish Ministers may give that officer.

• (2) The Commissioner must send a copy of the annual accounts to the Auditor General for Scotland for auditing.

• (3) The financial year of the Commissioner is—

• (a) the period beginning with the date on which the Commissioner is appointed and ending with 31st March next following that date; and

• (b) each successive period of twelve months ending with 31st March.

• (4) If requested by any person, the Commissioner must make available at any reasonable time, without charge, in printed or in electronic form, the audited accounts, so that they may be inspected by that person.

General powers

6

• (1) The Commissioner may do anything which appears necessary or expedient for the purpose of, or in connection with, or which appears conducive to, the exercise of that officer’s functions; and without prejudice to that generality, may in particular—

• (a) acquire and dispose of land and other property; and

• (b) enter into contracts.

• (2) The exercise of the power to acquire or dispose of land is subject to the approval of the Parliamentary corporation.

SCHEDULE 3

Grant of warrants

1

• (1) If a sheriff is satisfied by evidence on oath supplied by the Commissioner that there are reasonable grounds for suspecting—

• (a) that a Scottish public authority has failed or is failing to comply with—

• (i) any of the requirements of Part 1 of this Act;

• (ii) so much of a notice given to it by the Commissioner under subsection (5) of section 49 as, by virtue of subsection (6)(b) of that section, requires steps to be taken; or

• (iii) an information notice or an enforcement notice; or

• (b) that an offence under section 65(1) has been or is being committed,

and that evidence of such a failure to comply or of the commission of the offence is to be found on any premises specified as part of that evidence, the sheriff, subject to paragraph 2, may grant to the Commissioner such warrant as is mentioned in sub-paragraph (2).

• (2) The warrant is one which authorises the Commissioner, or any member of the Commissioner’s staff, at any time within seven days after the date of the warrant—

• (a) to enter and search the premises;

• (b) to inspect and seize any documents or other material found there which may constitute the evidence in question; and

• (c) to inspect, examine, operate and test any equipment found there in which information held by the authority may be recorded.

2

• (1) A sheriff must not grant the warrant unless satisfied—

• (a) that the Commissioner has given seven days’ notice in writing to the occupier of the premises demanding access to them; and

• (b) that either—

• (i) access was demanded at a reasonable hour and was unreasonably refused; or

• (ii) although entry to the premises was granted, the occupier unreasonably refused to comply with a request by the Commissioner, or any member of the Commissioner’s staff, to permit the Commissioner or any such member of staff to do any of the things referred to in paragraph 1(2); and

• (c) that the occupier has, after the refusal, been notified by the Commissioner of the application for the warrant and has had an opportunity of being heard by the sheriff on the question of whether or not it should be granted.

• (2) Sub-paragraph (1) does not apply if the sheriff is satisfied that the case is one of urgency or that compliance with the provisions of that sub-paragraph would defeat the object of the entry.

Execution of warrants

3

A person executing the warrant may use such reasonable force as may be necessary.

4

The warrant must be executed at a reasonable hour, unless it appears to the person executing it that there are grounds for suspecting that the evidence in question would not be found if it were so executed.

5

• (1) If the premises in respect of which the warrant is granted are occupied by a Scottish public authority and any officer or employee of the authority is present when the warrant is executed, that officer or employee must be shown the warrant and supplied with a copy of it; and if no such officer or employee is present a copy of the warrant must be left in a prominent place on the premises.

• (2) If the premises in respect of which the warrant is granted are occupied by a person other than a Scottish public authority and that person is present when the warrant is executed, the person must be shown the warrant and supplied with a copy of it; and if the person is not present a copy of the warrant must be left in a prominent place on the premises.

6

• (1) A person seizing anything in pursuance of the warrant must give a receipt for it if asked to do so.

• (2) Anything so seized may be retained for so long as is necessary in all the circumstances; but the person in occupation of the premises must be given a copy of anything that is seized if that person so requests and the person executing the warrant considers that it can be done without undue delay.

Matters exempt from inspection and seizure

7

The powers of inspection and seizure conferred by the warrant are not exercisable in respect of information which is exempt information by virtue of section 31(1).

8

• (1) Subject to the provisions of this paragraph, the powers of inspection and seizure conferred by the warrant are not exercisable in respect of—

• (a) a communication between professional legal adviser and client in connection with the giving of legal advice to the client with respect to the client’s obligations, liabilities or rights under this Act; or

• (b) a communication between professional legal adviser and client, or between such adviser or client and another person, made in connection with or in contemplation of proceedings under or arising out of this Act and for the purpose of such proceedings.

• (2) Sub-paragraph (1) applies also to—

• (a) a copy or other record of such communication as is there mentioned; and

• (b) a document or article enclosed with or referred to in such communication if made in connection with the giving of any advice or, as the case may be, in connection with or in contemplation of and for the purpose of such proceedings as are there mentioned.

• (3) This paragraph does not apply to anything in the possession of a person other than the professional legal adviser or client or to anything held with the intention of furthering a criminal purpose.

• (4) In this paragraph references to the client of a professional legal adviser include references to a person representing such a client.

9

If the person in occupation of premises in respect of which the warrant is granted objects to the inspection or seizure under it of any material on the grounds that the material consists partly of matters in respect of which those powers are not exercisable, that person must, if requested, provide in response to the warrant a copy of so much of the material as is material in relation to which the powers are exercisable.

Offences

10

• (1) A person who—

• (a) intentionally obstructs a person who is executing the warrant; or

• (b) fails, without reasonable excuse, to give the person who is executing the warrant such assistance as that person may reasonably require for executing it,

is guilty of an offence.

• (2) A person guilty of an offence under sub-paragraph (1) is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

Vessels, vehicles etc.

11

In this schedule, “premises” includes vessel, vehicle, aircraft or hovercraft, and references to the occupier of premises include references to the person in charge of a vessel, vehicle, aircraft or hovercraft.

SCHEDULE 4

1

In section 19(8) of the Scottish Public Services Ombudsman Act 2002 (asp 11) (which restricts the purposes for which information obtained by the Ombudsman from the Information Commissioner may be disclosed)—

• (a) the words from “the Information Commissioner” to “Freedom of Information Act 2000 (c.36)” become paragraph (a); and

• (b) after that paragraph, there is inserted the word “or” and the following paragraph—

(b) the Scottish Information Commissioner by virtue of section 63 of the Freedom of Information (Scotland) Act 2002 (asp 13),

.

2

In schedule 5 to that Act (which specifies persons or bodies to whom the Ombudsman in certain circumstances may disclose information in relation to certain matters), after the entry relating to the Information Commissioner, there is inserted—

The Scottish Information Commissioner	1. A matter in respect of which the Commissioner could exercise any power conferred by—(a) section 44 (recommendations as to good practice) of the Freedom of Information (Scotland) Act 2002 (asp 13); or(b) Part 4 (enforcement) of that Act2. The commission of an offence under section 65 (offence of altering etc. records with intent to prevent disclosure) of that Act

.

General entitlement

Information otherwise accessible

Health, safety and the environment

The Scottish Information Commissioner

Application for decision by Commissioner

When application excluded

The expression “historical record”

Application for decision by Commissioner

Power to make provision relating to environmental information

Falling away of exemptions with time

Code of practice as to functions under this Act

7A

The Drinking Water Quality Regulator for Scotland

12A

The Office of the Scottish Charity Regulator

18A

The Scottish Court Service.

29A

The National Waiting Times Centre Board

32A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Bòrd na Gàidhlig

62ZA

The Commissioner for Children and Young People in Scotland

62A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

62B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66A

Her Majesty's Chief Inspector of Prosecution in Scotland

67A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68A

The Judicial Appointments Board for Scotland

75A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

75B

Quality Meat Scotland

75C

The Risk Management Authority

80A

The Scottish Civil Enforcement Commission.

80B

The Scottish Commission for Human Rights.

85A

The Scottish Further and Higher Education Funding Council.

92A

The Scottish Legal Complaints Commission.

92B

The Scottish Local Authorities Remuneration Committee

105A

VisitScotland.

Pensions, allowances, etc.

Execution of warrants

Editorial notes

[^c3771731]: S. 3 partly in force; s. 3 not in force at Royal Assent see s. 75(1); s. 3(1) in force at 30.9.2002 by S.S.I. 2002/437, art. 2

[^c20299351]: S. 9 wholly in force at 1.1.2005; s. 9 not in force at Royal Assent, see s. 75(1); s. 9 in force for certain purposes at 31.10.2003 by S.S.I. 2003/477, art 3(2); s. 9 wholly in force at 1.1.2005 by S.S.I. 2004/203, art. 3(2)

[^c20299581]: S. 12 wholly in force at 1.1.2005; s. 12 not in force at Royal Assent, see s. 75(1); s. 12 in force for certain purposes at 30.4.2004 and wholly in force at 1.1.2005 by S.S.I. 2004/203, art. 3, Sch.

[^c20299241]: S. 23 wholly in force at 1.1.2005; s. 23 not in force at Royal Assent, see s. 75(1); s. 23 in force for certain purposes at 31.10.2003 by S.S.I. 2003/477, art 3(3); s. 23 wholly in force at 1.1.2005 by S.S.I. 2004/203, art. 3(2)

[^c20305811]: S. 26 excluded (1.12.2007) by Statistics and Registration Service Act 2007 (c. 18), ss. 40(3), 74; S.I. 2007/3388, art. 2(f)

[^c20304091]: S. 37(1)(b) excluded (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 18(4), 51 (with ss. 44, 50); S.I. 2005/1432, art. 2

[^c20303461]: S. 39(2)(3) applied (1.1.2005) by The Environmental Information (Scotland) Regulations 2004 (S.S.I. 2004/520), reg. 20 (with reg. 3)

[^c20305361]: S. 42(4)(b) repealed (1.10.2006) by The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 49(2), Sch. 9 (with regs. 44-46).

[^c20303491]: S. 43(1)-(3)(5)-(8) applied (with modifications) (1.1.2005) by The Environmental Information (Scotland) Regulations 2004 (S.S.I. 2004/520), reg. 18(5)(6) (with reg. 3)

[^c20303531]: S. 44 applied (with modifications) (1.1.2005) by The Environmental Information (Scotland) Regulations 2004 (S.S.I. 2004/520), reg 18(5)(6) (with reg. 3)

[^c20303551]: S. 45 applied (with modifications) (1.1.2005) by The Environmental Information (Scotland) Regulations 2004 (S.S.I. 2004/520), reg 18(5)(6) (with reg. 3)

[^c20303571]: S. 46 applied (with modifications) (1.1.2005) by The Environmental Information (Scotland) Regulations 2004 (S.S.I. 2004/520), reg 18(5)(6) (with reg. 3)

[^c20322271]: S. 47 applied (with modifications) (31.12.2009) by The INSPIRE (Scotland) Regulations 2009 (S.S.I. 2009/440), reg. 12(2)(a), Sch.

[^c20322291]: S. 48 applied (with modifications) (31.12.2009) by The INSPIRE (Scotland) Regulations 2009 (S.S.I. 2009/440), reg. 12(2)(b), Sch.

[^c20322311]: S. 49 applied (with modifications) (31.12.2009) by The INSPIRE (Scotland) Regulations 2009 (S.S.I. 2009/440), reg. 12(2)(c), Sch.

[^c20299491]: S. 50 wholly in force at 30.4.2004; s. 50 not in force at Royal Assent see s. 75(1); s. 50 in force for certain purposes at 31.10.2003 by S.S.I. 2003/477, art. 3(4); s. 50 wholly in force at. 30.4.2004 by S.S.I. 2004/203, art. 3(1), Sch.

[^c20322331]: S. 50 applied (with modifications) (31.12.2009) by The INSPIRE (Scotland) Regulations 2009 (S.S.I. 2009/440), reg. 12(2)(d), Sch.

[^c20299551]: S. 51 wholly in force at 30.4.2004; s. 51 not in force at Royal Assent see s. 75(1); s. 51 in force for certain purposes at 31.10.2003 by S.S.I. 2003/477, art. 3(4); s. 51 wholly in force at. 30.4.2004 by S.S.I. 2004/203, art. 3(1), Sch.

[^c20322341]: S. 51 applied (with modifications) (31.12.2009) by The INSPIRE (Scotland) Regulations 2009 (S.S.I. 2009/440), reg. 12(2)(e), Sch.

[^c20299561]: S. 53 wholly in force at 30.4.2004; s. 53 not in force at Royal Assent see s. 75(1); s. 53 in force for certain purposes at 31.10.2003 by S.S.I. 2003/477, art. 3(4); s. 53 wholly in force at. 30.4.2004 by S.S.I. 2004/203, art. 3(1), Sch.

[^c20322351]: S. 53 applied (with modifications) (31.12.2009) by The INSPIRE (Scotland) Regulations 2009 (S.S.I. 2009/440), reg. 12(2)(f), Sch.

[^c20299571]: S. 54 wholly in force at 30.4.2004; s. 54 not in force at Royal Assent see s. 75(1); s. 54 in force for certain purposes at 31.10.2003 by S.S.I. 2003/477, art. 3(4); s. 54 wholly in force at. 30.4.2004 by S.S.I. 2004/203, art. 3(1), Sch.

[^c20322361]: S. 54 applied (with modifications) (31.12.2009) by The INSPIRE (Scotland) Regulations 2009 (S.S.I. 2009/440), reg. 12(2)(g), Sch.

[^c20322431]: S. 55 applied (with modifications) (31.12.2009) by The INSPIRE (Scotland) Regulations 2009 (S.S.I. 2009/440), reg. 12(2)(h), Sch.

[^c20322451]: S. 56 applied (with modifications) (31.12.2009) by The INSPIRE (Scotland) Regulations 2009 (S.S.I. 2009/440), reg. 12(2)(i), Sch.

[^c20303341]: Pt. 4 applied (with modifications) (1.1.2005) by The Environmental Information (Scotland) Regulations 2004 (S.S.I. 2004/520), reg. 17(1)(2) (with reg. 3)

[^c20303591]: S. 63 applied (with modifications) (1.1.2005) by The Environmental Information (Scotland) Regulations 2004 (S.S.I. 2004/520), reg 18(5)(6) (with reg. 3)

[^c20322471]: S. 63 applied (31.12.2009) by The INSPIRE (Scotland) Regulations 2009 (S.S.I. 2009/440), reg. 12(3), Sch.

[^c3771741]: S. 70 partly in force; s. 70 not in force at Royal Assent see s. 75(1); s. 70(1)(2) in force at 30.9.2002 by S.S.I. 2002/437, art. 2

[^c3771751]: S. 75(1) power partly exercised: 30.9.2002 appointed for specified provisions by S.S.I. 2002/437, art. 2; S. 75(1) power partly exercised: 31.10.2003 appointed for specified provisions by {S.S.I. 2003/477}, art. 3; S. 75(1) power fully exercised: 30.4.2004 appointed for specified provisions and 1.1.2005 appointed for all remaining provisions by {S.S.I. 2004/203}, art. 3, Sch.

[^c20306241]: Sch. 1 para. 7A added (13.10.2008) by The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2008 (S.S.I. 2008/297), art. 2, Sch. 1

[^c20306311]: Sch. 1 para. 12A added (13.10.2008) by The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2008 (S.S.I. 2008/297), art. 2, Sch. 1

[^c20306181]: Sch. 1 para. 18A inserted (1.10.2009) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 60(2), 76, Sch. 3 para. 18; S.S.I. 2009/318, art. 2, Sch.

[^c20304331]: Words in Sch. 1 para. 23 substituted (1.5.2007) by Licensing (Scotland) Act 2005 (asp 16), ss. 144, 150, Sch. 6 para. 10 (with s. 143); S.S.I. 2007/129, art. 3, Sch.

[^c20321981]: Sch. 1 para. 25 removed (13.10.2008) by virtue of The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2008 (S.S.I. 2008/297), art. 3, Sch. 2

[^c20322001]: Sch. 1 para. 28 removed (13.10.2008) by virtue of The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2008 (S.S.I. 2008/297), art. 3, Sch. 2

[^c20322011]: Sch. 1 para. 29 removed (13.10.2008) by virtue of The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2008 (S.S.I. 2008/297), art. 3, Sch. 2

[^c20303701]: Words in Sch. 1 para. 33 substituted (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 5(a)(i); S.S.I. 2004/58, art. 2(3)

[^c20376311]: Words in Sch. 1 para. 33 substituted (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 5(a)(ii); S.S.I. 2004/58, art. 2(3)

[^c20303751]: Words in Sch. 1 para. 34 substituted (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1)(2), Sch. para. 5(b); S.S.I. 2005/58, art. 2(3)

[^c20322021]: Sch. 1 para. 36 removed (13.10.2008) by virtue of The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2008 (S.S.I. 2008/297), art. 3, Sch. 2

[^c20322031]: Sch. 1 para. 38 removed (13.10.2008) by virtue of The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2008 (S.S.I. 2008/297), art. 3, Sch. 2

[^c20322041]: Sch. 1 para. 40 removed (13.10.2008) by virtue of The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2008 (S.S.I. 2008/297), art. 3, Sch. 2

[^c20322051]: Sch. 1 para. 42 removed (13.10.2008) by virtue of The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2008 (S.S.I. 2008/297), art. 3, Sch. 2

[^c20304321]: Sch. 1 para. 43 repealed (1.11.2005) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 42(2), 43(3), Sch. 3; S.S.I. 2005/492, art. 3(b), Sch. 2

[^c20299701]: Sch. 1 Pt. 4: para. relating to the Scottish Hospital Trust repealed (6.5.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003, ss. 17, 21(2), Sch. 4 para. 17(a)(i); S.S.I. 2004/198, art. 2(c)

[^c20299871]: Sch. 1 Pt. 4: para. relating to the Scottish Medical Practices Committee repealed (1.4.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp. 4), ss. 17, 21(2), Sch. 4 para. 17(a)(ii); S.S.I. 2004/148, art. 2(c)

[^c20306331]: Sch. 1 para. 29A added (13.10.2008) by The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2008 (S.S.I. 2008/297), art. 2, Sch. 1

[^c20304171]: Words in Sch. 1 para. 49 substituted (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), ss. 32, 36, Sch. 3 para. 12(a); S.S.I. 2005/419, art. 2(1)

[^c20299811]: Sch. 1 Pt. 7: para. relating to the Ancient Monuments Board for Scotland repealed (31.5.2008) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2), Sch. 4 para. 17(b)(i); S.S.I. 2003/219, art 2(1)(c)

[^c20305491]: Sch. 1 para. 56 repealed (1.4.2007) by Tourist Boards (Scotland) Act 2006 (asp 15), ss. 4, 5(1), Sch. 2 para. 8(a)(i); S.S.I. 2007/47, art. 2

[^c20299881]: Sch. 1 Pt. 7: para. relating to the Historic Buildings Council for Scotland repealed (31.5.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp. 4), ss. 17, 21(2), Sch. 4 para. 17(b)(ii); S.S.I. 2003/219, art. 2(1)(c)

[^c20322061]: Sch. 1 para. 79 removed (13.10.2008) by virtue of The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2008 (S.S.I. 2008/297), art. 3, Sch. 2

[^c20299911]: Sch. 1 Pt. 7: para. relating to the Scottish Conveyancing and Executry Services Board repealed (15.8.2003) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp. 4), ss. 17, 21(2), Sch. 4 para. 17(b)(iii); S.S.I. 2003/384, art. 2(d)

[^c20304191]: Sch. 1 para. 86 repealed (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), ss. 32, 36, Sch. 3 para. 12(c); S.S.I. 2005/419, art. 2(1)

[^c20304211]: Sch. 1 para. 87 repealed (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), ss. 32, 36, Sch. 3 para. 12(c); S.S.I. 2005/419, art. 2(1)

[^c20322071]: Sch. 1 para. 88 removed (13.10.2008) by virtue of The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2008 (S.S.I. 2008/297), art. 3, Sch. 2

[^c20305561]: Sch. 1 para. 101 repealed (1.4.2007) by Tourist Boards (Scotland) Act 2006 (asp 15), ss. 4, 5(1), Sch. 2 para. 8(a)(ii); S.S.I. 2006/47, art. 2

[^c20322081]: Sch. 1 para. 103 removed (13.10.2008) by virtue of The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2008 (S.S.I. 2008/297), art. 3, Sch. 2

[^c20304111]: Word in Sch. 1 para. 106 substituted (1.7.2005) by Water Services etc. (Scotland) Act 2005 (asp 3), ss. 32, 37(2), Sch. 5 para. 9(b) (with s. 36); S.S.I. 2005/351, art. 2, Sch. 2 (with art. 3)

[^c20304981]: Sch. 1 para. 61A inserted (13.2.2006) by virtue of Gaelic Language (Scotland) Act 2005 (asp 7), ss. 12, 13, Sch. 2 para. 3; S.S.I. 2006/31, art. 2

[^c20306551]: Sch. 1 para. 62ZA added (13.10.2008) by The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2008 (S.S.I. 2008/297), art. 2, Sch. 1

[^c20306591]: Sch. 1 para. 66A added (13.10.2008) by The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2008 (S.S.I. 2008/297), art. 2, Sch. 1

[^c20306211]: Sch. 1 para. 68A inserted (1.6.2009) by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 9(4), 76, Sch. 1 para. 21, S.S.I. 2009/192, art. 2, Sch.

[^c20306611]: Sch. 1 para. 75B added (13.10.2008) by The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2008 (S.S.I. 2008/297), art. 2, Sch. 1

[^c20306651]: Sch. 1 para. 75C added (13.10.2008) by The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2008 (S.S.I. 2008/297), art. 2, Sch. 1

[^c20305631]: Sch. 1 para. 80B inserted (1.4.2008) by Scottish Commission for Human Rights Act 2006 (asp 16), ss. 1(2), 22(3), Sch. 1 para. 17 (with s. 22(2)); S.S.I. 2008/112, art. 2

[^c20304131]: Sch. 1 para. 85A inserted (3.10.2005) by Further and Higher Education (Scotland) Act 2005 (asp 6), ss. 32, 36, Sch. 3 para. 12(b); S.S.I. 2005/419, art. 2(1)

[^c20306151]: Sch. 1 para. 92A inserted (1.10.2008) by Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), ss. 81, 82, Sch. 5 para. 5 (with s. 77); S.S.I. 2008/311, art. 2(i)

[^c20306671]: Sch. 1 para. 92B added (13.10.2008) by The Freedom of Information (Scotland) Act 2002 (Scottish Public Authorities) Amendment Order 2008 (S.S.I. 2008/297), art. 2, Sch. 1

[^c20305461]: Sch. 1 para. 105A inserted (1.4.2007) by Tourist Boards (Scotland) Act 2006 (asp 15), ss. 4, 5(1), Sch. 2 para. 8(b); S.S.I. 2007/47, art. 2

[^c20303621]: Sch. 3 applied (with modifications) (1.1.2005) by The Environmental Information (Scotland) Regulations 2004 (S.S.I. 2004/520), reg 17(1)(2) (with reg. 3)

[^key-a0a408b25916c30b575afebdfd2a6a68]: Sch. 1 para. 62C inserted (1.7.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 10 para. 3(a); S.S.I. 2010/221, art. 3(1)

[^key-a45627d1bd9adf614051ee1984a4e506]: Sch. 1 para. 78 repealed (1.7.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 10 para. 3(b); S.S.I. 2010/221, art. 3(1)

[^key-84c9a9aa6863f6c088475db3c924598b]: Sch. 1 para. 98 repealed (1.7.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 10 para. 3(b); S.S.I. 2010/221, art. 3(1)

[^key-dd10a2ac0796d01619a09be7de16bfa7]: Words in sch. 1 Pt. 7 repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 2(4), 134(7); S.S.I. 2010/221, art. 3(2), sch.

[^key-aabaf6a1eb95e2dc5d933668966dae47]: Words in sch. 1 Pt. 7 repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 4(5)(b), 134(7); S.S.I. 2010/221, art. 3(2), sch.

[^key-d826c771c1abdedd88aac3ee47ba939e]: Words in sch. 1 Pt. 7 repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 5(4), 134(7); S.S.I. 2010/221, art. 3(2), sch.

[^key-d25094271e5596813e7ab33f85a1f343]: Sch. 1 Pt. 7 entry repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 1 para. 30; S.S.I. 2010/221, art. 3(2), sch.

[^key-c45506f793a594a24330ee7c7b3f3dd6]: S. 70(2) repealed (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 4(5)(a), 134(7); S.S.I. 2010/221, art. 3(2), sch.

[^key-1b724dd74f1357521bd7757bdcab75d9]: Words in s. 11(5) substituted by 2010 c. 15 Sch. 26 Pt. 2 para. 103 (as inserted) (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 6 (see S.I. 2010/2317, art. 2)

[^key-3eb16ef842e10df5a63a7eaba7b98aa1]: Words in s. 12(6) substituted by 2010 c. 15 Sch. 26 Pt. 2 para. 104 (as inserted) (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 6 (see S.I. 2010/2317, art. 2)

[^key-0cbf0faa1fe5d4697c9a45646e3d5c3f]: Sch. 1 para. 65 omitted (1.10.2010) by virtue of Flood and Water Management Act 2010 (c. 29), ss. 46(5), 49(3) (with s. 49(1)(6)); S.I. 2010/2169, art. 4, Sch.

[^key-93f542407455f8ffa6fd0fbe49e3d434]: Sch. 1 para. 27A inserted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 2 para. 7(a)

[^key-c967d891cd08927c17423f7488247c91]: Sch. 1 para. 102A inserted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 11(b)