FoI extensions announced to take effect from September

Grant-aided schools and contractors who operate privately run prisons are among a number of new categories to be covered by Scotland's freedom of information legislation, the Scottish Government has confirmed.

However the registered social landlord sector, which has faced repeated calls for inclusion, will be subject to a further consultation before the law is extended to them, although ministers have stated that they now consider the arguments for their inclusion to be "persuasive". Tenants' organisations as well as the Information Commissioner herself have been pressing for such action.

The moves were announced in a Government response to views submitted in the most recent consultatin on extending the legislation. The bodies that will be covered for the first time are:

• contractors who run privately managed prisons – ministers consider that as they provide a key public service, and for reasons of parity and equity, private contractors should be brought within the law in the same way as other prisons. Any disadvantages due to impacts on the contractors themselves are expected to be relatively minor;
• providers of secure accommodation for children – similar considerations apply;
• grant-aided schools – although there will be some administrative burden, ministers consider that there are strong arguments for bringing grant-aided schools within scope of FOISA, given their functions and their significant dependence on public funding. It would not be practical to seek to limit coverage only to funded aspects of the schools' work;
• independent special schools – given the range of what ministers consider to be public functions undertaken by these schools, as well as their considerable reliance on public funding, similar considerations apply as to grant-aided schools.

For practical reasons the intended commencement date will be 1 September 2016. Views will be invited on whether the schools concerned should be allowed a modification of the normal 20 working days for replying to a freedom of information request, given that many of them operate only during term time.

An order will be laid in the Scottish Parliament shortly to give effect to the proposals. 

Other bodies suggested for extension of the law include outsourced health and social care providers, public transport companies and energy companies. Ministers say they "intend to maintain our incremental approach to extending coverage of [the Act]. As such, we will engage with relevant stakeholders before bringing forward further proposals for extending coverage in due course".

Click here to view the response document.