The Disclosure (Scotland) Act 2020 (Commencement No. 4) Regulations 2025
Background
The Disclosure (Scotland) Act 2020 (the “Act”) was passed by the Scottish Parliament on 25 March 2020. The Act introduces a number of significant changes to the law on disclosure in Scotland, including:
- Extending the scope of disclosure to include information held by public bodies and certain private bodies.
- Creating a new statutory duty on public bodies to disclose information in response to requests.
- Introducing a new system of independent review for disclosure decisions made by public bodies.
- Introducing a number of new offences relating to the disclosure of information.
Commencement No. 4 Regulations
The Disclosure (Scotland) Act 2020 (Commencement No. 4) Regulations 2025 (the “Regulations”) were made by the Scottish Ministers on 13 January 2025. The Regulations bring into force the following provisions of the Act:
- Section 2: Definition of “public body”.
- Section 3: Duty to disclose information.
- Section 4: Exceptions to the duty to disclose information.
- Section 5: Procedure for making a request for information.
- Section 6: Response to requests for information.
- Section 7: Review of decisions not to disclose information.
- Section 8: Offences relating to disclosure of information.
- Section 10: Interpretation.
The Regulations also make a number of consequential amendments to other legislation.
Implications
The commencement of these provisions of the Act will have a significant impact on the way in which public bodies in Scotland handle requests for information. Public bodies will now be required to disclose information in response to requests, unless they can demonstrate that an exception applies. The Act also introduces a number of new offences relating to the disclosure of information, which could result in significant penalties.
Conclusion
The commencement of these provisions of the Disclosure (Scotland) Act 2020 is a significant development in the law on disclosure in Scotland. The Act introduces a number of new rights and responsibilities for public bodies and individuals, and it is important to be aware of these changes before making or responding to a request for information.
The Disclosure (Scotland) Act 2020 (Commencement No. 4) Regulations 2025
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