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

S.S.I. 2004/203 · made 29 April 2004

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).

Made under: Freedom of Information (Scotland) Act 2002 (Section 75)

PDFs: Printed copy https://openlegislation.uk/freedom-of-information-scotland-act-2002-commencement-no-3-order-2004/pdf/ssi_20040203_en.pdf

## Introductory text

FREEDOM OF INFORMATION
Made 29th April 2004
The Scottish Ministers in exercise of the powers conferred by section 75(1) of the Freedom of Information (Scotland) Act, hereby make the following Order:

## 1 Citation

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

## 2 Interpretation

In this Order “the Act” shall mean the Freedom of Information (Scotland) Act 2002.

## 3 Commencement

(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.

## Signature

TAVISH SCOTT
A member of the Scottish Executive
St Andrew’s House, Edinburgh
29th April 2004

## 

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–
(a) section 12 of the Act, but only for the purpose of facilitating the making of regulations under section 9(4);
(b) section 44, to enable practice recommendations to be made where publication schemes are not complied with by public authorities;
(c) section 46, to enable the Scottish Information Commissioner to produce his first annual report;
(d) Sections 50, 51, 53 and 54 for all remaining purposes insofar as they are not already in force; and
(e) section 74, to enable practice recommendations or enforcement notices to be served in connection with publication schemes.
Article 3(2) of this Order commences all remaining provisions of the Act for all remaining purposes.

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Source: https://www.legislation.gov.uk/ssi/2004/203 (the official version)
Page: https://openlegislation.uk/freedom-of-information-scotland-act-2002-commencement-no-3-order-2004
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.