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More bodies eligible for FOI requests

New legislation to extend to arm’s length sports and cultural facilities.

Members of the public will be able to submit Freedom of Information requests to arm’s length sports, cultural and recreational trusts from April 1.

The new legislation reinforces the Scottish Government’s commitment to ensuring bodies who are spending public money are open, transparent and accountable.

For example Freedom of Information coverage will be extended to trusts which have been created by local authorities to deliver sports facilities or activities on their behalf.

Other changes to Freedom of Information legislation include reducing the lifespans of certain exemptions from 30 years to 15 so information over 15 years old will no longer be able to be withheld using those exemptions if it is requested.

The Scottish Government already opens its files after 15 years. The policy has so far seen over 13,000 government archived files held at the National Records of Scotland opened earlier than originally scheduled.

Deputy First Minister Nicola Sturgeon said:

“Scotland has the most robust Freedom of Information regime in the UK and these latest orders show our commitment to ensuring the legislation is used effectively.

“The bodies becoming subject to FOI perform key public functions supported by the public purse. It is right that they should provide information to the public on things like their spending and decision making.

“By extending the legislation’s coverage we are sending out a clear message on openness and transparency and recognising they are both crucial factors in holding bodies to account for their actions.

“Additionally, by reducing the lifespans of key exemptions, more public information will be available to the public at an earlier stage.”

In 2013, the Scottish Parliament agreed the terms of two orders made under the Freedom of Information (Scotland) Act 2002, which will both come into force on April 1 2014.

The order extending coverage of the Act, applies to certain trusts created or established by local authorities whose functions include developing and/or delivering recreational, sporting, cultural or social facilities and activities.

The legislation is designed to capture a class of body and for flexibility it describes their functions, rather than naming particular bodies. It is up to the bodies potentially falling within the scope, along with the Commissioner in the event of any dispute, to decide who is covered.

Bodies falling within coverage have been provided with training and assistance by the Office of the Scottish Information Commissioner (OSIC).

 

Channel website: http://www.gov.scot/

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