The Freedom of Information (Scotland) Act 2002 gives everyone a right of access to information held by Scottish public authorities.
Lister has been designated as a Scottish Public Authority under this Act. In Scotland, the order is cited as the Freedom of Information (Scotland) Act 2002 (Designation of Persons as Scottish Public Authorities) Order.
The aim of the Act is to increase openness and transparency by allowing people to access information about how decisions are taken and how public services are delivered.
Overview – video guide
For a handy overview on Freedom of Information in Scotland, please watch this short video guide from the Scottish Information Commissioner:
01- FOI – What is FOI? on Biteable.
Model Publication Scheme
Lister has also subscribed to the Model Publication Scheme 2018, produced and approved by the Scottish Information Commissioner.
The Scheme can also be viewed in Publication Scheme Resources at the Scottish Information Commissioner website.
The scheme sets out our commitment to make certain classes of information routinely available, such as policies and procedures, minutes of meetings, annual reports and financial information.
Guide to Information
Click the link to go to Lister’s Guide to Information
Withholding Information
Under Freedom of Information legislation, information may be withheld if there is a good reason for doing so.
If we withhold information, we will let you know why. If you are unhappy with our decision, or with the way we have dealt with your request, you can ask us to review our decision.
If you do not agree with the outcome of the review, you can ask the Scottish Information Commissioner to investigate.
Environmental Information (Scotland) Regulations
The Environmental Information (Scotland) Regulations 2004 provide a right of access to environmental information held by Scottish Public Authorities.
The definition of environmental information is very broad and includes:
- the state of elements of the environment and their interaction (air, water, soil, land and landscape, natural sites, flora and fauna)
- discharges, emissions, noise, radiation, waste measures and activities affecting the environment (e.g. policies, legislation, plans, activities)
- reports on implementation of environmental legislation
- cost benefit and economic analysis
- effects of the environment on conditions of human life (including flood, buildings)
The Regulations are governed by the Scottish Information Commissioner, who is also responsible for the Freedom of Information (Scotland) Act 2002.
Charges (FOISA and EIRS)
In responding to requests for information under the Freedom of Information (Scotland) Act 2002 (FOISA) and the Environmental Information (Scotland) Regulations 2004 (EIRS), we may be entitled to charge a reasonable amount towards making the information available.
The calculation of the possible costs for FOISA and EIRS requests is based on estimated costs of staff time to locate and retrieve information, plus any costs associated with putting the information into a particular format, copying and postage costs. We do not charge for the time taken to decide if we hold the information requested, or the time it takes to decide whether the information can be released. Please see our Lister HC Charging policy for information
Records Management
Our records support decision making, document activities, provide evidence of policies, decisions and transactions, and underpin our daily work.
To ensure that records are managed properly, we aim to follow the Code of Practice on Records Management which was issued by Scottish Ministers in line with Section 61 of the Freedom of Information (Scotland) Act 2002.
We have a Data Retention policy Dec 19 and a Data Retention schedule Jan 20
