The Disclosure (Scotland) Act 2020 (Commencement No. 5, Saving and Transitional Provision) Regulations 2025
Introduction
The Disclosure (Scotland) Act 2020 (Commencement No. 5, Saving and Transitional Provision) Regulations 2025 (the “Regulations”) were made on 3rd February 2025 and came into force on 6th February 2025. The Regulations bring into force certain provisions of the Disclosure (Scotland) Act 2020 (“the Act”) and make consequential saving and transitional provision.
Commencement of Provisions
The Regulations bring into force the following provisions of the Act:
- Section 1 (citation, commencement and extent)
- Section 2 (interpretation)
- Section 3 (disclosure of information by public authorities)
- Section 4 (disclosure of information by certain other persons)
- Section 5 (duty to advise on availability of information)
- Section 6 (exceptions to the duty to disclose information)
- Section 7 (complaints about failure to disclose information)
- Section 8 (regulations)
- Schedule 1 (public authorities subject to the Act)
- Schedule 2 (bodies designated for the purposes of section 4)
- Schedule 3 (information excluded from the duty to disclose)
Saving and Transitional Provisions
The Regulations also make saving and transitional provision in relation to the commencement of the Act. This includes provisions:
- Preserving the validity of any requests for information made before the commencement of the Act
- Allowing public authorities to continue to use any existing procedures for handling requests for information until new procedures are adopted under the Act
Implications
The commencement of the Act and the Regulations has a number of implications for public authorities and other persons subject to the Act. Public authorities must now comply with the duty to disclose information set out in section 3 of the Act. This means that they must disclose information to any person who requests it, subject to the exceptions set out in section 6.
Other persons subject to the Act, such as certain private sector organisations, must also comply with the duty to disclose information set out in section 4. This means that they must disclose information to any person who requests it, subject to the exceptions set out in section 6 and any additional exceptions set out in Schedule 2.
Conclusion
The Disclosure (Scotland) Act 2020 is a significant piece of legislation that will have a major impact on the way that public authorities and other persons subject to the Act handle requests for information. The Regulations bring into force the key provisions of the Act and make consequential saving and transitional provision.
The Disclosure (Scotland) Act 2020 (Commencement No. 5, Saving and Transitional Provision) Regulations 2025
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