Freedom of Information (Scotland) Act 2002

13 Fees for disclosure in certain circumstancesS

This section has no associated Explanatory Notes

(1)A Scottish public authority may charge for the communication of any information—

(a)which by virtue of section 12(1) or (2) it is not obliged to communicate; and

(b)which it is not otherwise required by law to communicate,

such fee as may be determined by it in accordance with regulations made by the Scottish Ministers.

(2)Without prejudice to the generality of subsection (1), the regulations may in particular provide that a fee—

(a)is not to exceed such amount as may be specified in, or determined in accordance with, the regulations; and

(b)is to be calculated in such manner as may be so specified.

(3)Before making the regulations, the Scottish Ministers are to consult the Commissioner.

(4)Subsection (1) does not apply where provision is made, by or under any enactment, as to the fee that may be charged by the authority for the disclosure of the information.