BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutory Instruments of the Scottish Parliament
You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Freedom of Information (Scotland) Act 2002 (Commencement No. 3) Order 2004 No. 203
URL: http://www.bailii.org/scot/legis/num_reg/2004/20040203.html

[New search] [Help]


2004 No. 203 (C. 14)

FREEDOM OF INFORMATION

The Freedom of Information (Scotland) Act 2002 (Commencement No. 3) Order 2004

  Made 29th April 2004 

The Scottish Ministers in exercise of the powers conferred by section 75(1) of the Freedom of Information (Scotland) Act[1], hereby make the following Order:

Citation
     1. This Order may be cited as the Freedom of Information (Scotland) Act 2002 (Commencement No. 3) Order 2004.

Interpretation
     2. In this Order "the Act" shall mean the Freedom of Information (Scotland) Act 2002.

Commencement
     3.  - (1) The provisions of the Act listed in column 1 of the Schedule to this Order and whose subject matter is specified in column 2 of that Schedule shall, insofar as they are not already in force come into force on 30th April 2004 but where a particular purpose is also specified in column 3 of that Schedule, that provision shall come into force on its appointed day only for that purpose.

    (2) The remaining provisions of the Act shall, insofar as they are not already in force, come into force on 1st January 2005.


TAVISH SCOTT
A member of the Scottish Executive

St Andrew's House, Edinburgh
29th April 2004



SCHEDULE
Article 3

Column 1 Column 2 Column 3
Provision of the Act Subject matter Purpose
Section 12 Excessive cost of compliance Only for the purpose of the making of regulations by the Scottish Ministers under section 9(4) of the Act
Section 44 Recommendations as to good practice     
Section 46 Laying of reports     
Section 50 Information notices For all remaining purposes
Section 51 Enforcement notices For all remaining purposes
Section 53 Failure to comply with notice For all remaining purposes
Section 54 Powers of entry and inspection For all remaining purposes
Section 74 Giving of notice, etc.     


EXPLANATORY NOTE

(This note is not part of the Order)


This Order brings into force the remaining provisions of the Freedom of Information (Scotland) Act 2002 ("the Act"). Certain provisions have already been brought into force by section 75(1) of the Act and by two earlier commencement orders (S.S.I. 2002/437 and 2003/477).

Article 3(1) of this Order commences on 30th April 2004-

Article 3(2) of this Order commences all remaining provisions of the Act for all remaining purposes.


NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)




Provision of the Act Date of Commencement S.S.I. No.
Sections 3(1), 4, 5, 6, 7, 24 30.09.02 2002/437
Sections 42, 43, 45 30.09.02 2002/437
Sections 60, 61, 62, 64 30.09.02 2002/437
Sections 70(1) and (2), 71, 73 30.09.02 2002/437
Schedules 1 and 2 30.09.02 2002/437
Sections 55, 56, 63, 66 and 68 31.10.03 2003/477
Section 9 (but only for the purpose of the making of regulations by the Scottish Ministers under section 9(4) 31.10.03 2003/477
Section 23 (except that the duties on public authorities imposed by sections 23(1) to 23(4) shall not apply to those public authorities listed in parts 4 and 5 of Schedule 1 until 1st December 2003 and to those public authorities listed in part 7 of Schedule 1 until 1st March 2004 31.10.03 2003/477
Sections 50, 51, 53 and 54 (but only for the purpose of the processing of publication schemes under section 23) 31.10.03 2003/477

Notes:

 [1] 2002 asp 13.back


ISBN 0 11069105 9


  © Crown copyright 2004

Prepared 11 May 2004

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/legis/num_reg/2004/20040203.html