The Freedom of Information (Scotland) Act 2002 (FOISA) and the Environmental Information (Scotland)
Regulations 2004 (the EIRs) both came fully into force in 2005. Three years have passed since the two sets of
legislation were implemented and this has given Scottish public authorities sufficient time to learn about
FOISA and the EIRs, and to put in place adequate systems and resources to fulfil their responsibilities under
these regimes when responding to information requests.
Generally authorities have shown a positive approach to embracing and implementing FOISA and the EIRs.
However, there is evidence of poor practice by some authorities, sometimes repeatedly so. It is the
Commissioner’s intention to take a measured but vigorous approach to dealing with those authorities which
do not fully comply with their responsibilities. This Enforcement Strategy addresses the Commissioner’s duty
to promote good practice, together with the powers of enforcement available to him.
Promoting good practice
Under section 43 of FOISA, the Commissioner has a duty to promote the following of good practice by
Scottish public authorities in relation to FOISA and the EIRs, and the provisions of the associated codes of
practice. The Commissioner expects that all Scottish public authorities will have adequate and appropriate
resources and systems in place to deal with information requests under both regimes. It is recognised that
some authorities are very efficient and effective in dealing with requests where others are less so. The
Commissioner does, however, expect all Scottish public authorities to take their responsibilities seriously and
to maintain a high standard in responding to requests for information, including the provision of timeous and
adequate responses and the carrying out of suitable and thorough reviews.
The Commissioner will continue to provide authorities with advice and support in relation to their
performance, but will also take corrective action where necessary, for exam