Freedom of Information

The Freedom of Information (Scotland) Act 2002 requires Scottish public authorities such as the Commission to produce and maintain a publication scheme.  

We have a duty to: 

• Publish the classes of information we routinely make available, and 
• Tell the public how to access the information, and what it might cost. 

We have adopted the model publication scheme (“the Scheme”) approved by the Scottish Information Commissioner on 1 November 2018. 

The purpose of this guide is to: 

• Set out what information is available, and what is not available, for each class of information under the Scheme, 
• Explain how to ask for information that has not been published, 
• State what charges may be applied for providing information, and 
• Provide contact details for enquiries, and for further help in obtaining information. 

The guide is divided into the following sections: 

• Classes of information that we publish, 
• Finding the information, 
• Exempt information, 
• Charges for information, 
• Information which has not been published, and 
• How to contact us. 

Classes of information that we publish 

We publish information that we hold that falls within any of the following classes.  

• Information about the Commission, 
• Information about how we deliver our functions, 
• Information about what we spend, and how we spend it, 
• Information about how we procure goods and services, 
• Information about how we are performing, and 
• Information about our commercial publications. 

Finding the information 

The information we publish through the Scheme is, wherever possible, available on our website.  It can also be inspected at our offices at Parliament House, 11 Parliament Square, Edinburgh EH1 1RQ. 

We offer alternative arrangements for people who do not want to, or cannot, access the information online or at our premises.  For example, we can usually arrange to send information to you in paper copy (although there may be a charge for this). Once information is published we will continue to make it available for the current and previous two financial years. Where information has been updated or superseded, only the current version will be available.  If you would like to see previous versions, you may make a request to us for that information. 

Exempt information 

We will publish the information we hold that falls within the classes of information set out above.   If however a document contains information that is exempt under Scotland’s freedom of information laws (for example sensitive personal information or a trade secret), we will remove or redact the information before publication and explain why. 

Charges for information 

• Website - there is no charge for the information that is available on our website. 
• Email - there is no charge for information that is provided electronically. 
• Post - if you ask for a paper copy information that is available on our website, or that can be provided electronically, then it may be necessary to make a charge. 

Each case is considered separately, and we would tell you the amount of the proposed charge before providing the information.  For example, we may wish to charge if a large amount of photocopying is required, or if the cost of postage is high. 

Information which has not been published  

If the information you want is not available under the Publication Scheme, you have the right to request it from us.   

The Freedom of Information (Scotland) Act 2002 gives you a right of access to any information we hold, subject to certain exemptions. 

Making a request 

Before you request information from us please: 

• Search our website for the information 
• Check our publication scheme 
• Find out if we have already released the information 

When you send us your request please - 

• Be specific.  You will get the information faster if you help us identify the exact information you require.  Make sure that you provide us with a narrow, tightly focused request and give, where appropriate, a relevant time-frame, for example, 1999 to 2000 or January to April 1985. 
• Let us know how you would like the information provided, for example, by post or email.  We will try to meet your preference whenever we can. 
• Provide your contact details.  We may need to get in touch with you to discuss your request.  It would help if you could tell us how you would prefer us to contact you if we need to do so. 

Please make your request in writing, either by email (foi@scotlawcom.gov.uk) or by post to: 

Freedom of Information 
Scottish Law Commission 
Parliament House 
11 Parliament Square 
Edinburgh 
EH1 1QR 

When we receive your request 

We aim to reply to you promptly and are obliged under the law to provide a response within 20 working days.  Some information may not be available because it falls within one of the exemptions of the Freedom of Information (Scotland) Act 2002.  When that happens, we will tell you which exemption applies. 

If the information is environmental information then it might be available under the Environmental Information (Scotland) Regulations 2004 rather than the 2002 Act. 

How to contact us 

You can contact us for assistance in obtaining information using the contact details above. 

We will also advise you how to ask for information that we do not publish, or how to complain if you are dissatisfied with any aspect of this publication scheme.