The Freedom of Information (Scotland) Act 2002 (the Act) gives a general right of access to all types of recorded information held by public authorities, sets out exemptions from that right and places a number of obligations on public authorities. Any person who makes a request to a public authority for information is entitled to receive that information, subject to exemptions.
Everyone can make a request for information, on any subject. Under section 23 of the Act, Scottish Canals must:
- Publish the classes of information they make routinely available
- Tell the public how to access the information, and what it might cost
Scottish Canals has adopted the Model Publication Scheme (updated November 2018), produced by the Scottish Information Commissioner.
Please note that some information may legally be withheld to protect various interests.
If you request personal information regarding yourself, the request will be considered under the Data Protection Act 2018.
Purpose of this publication scheme
The purpose of our publication scheme is to let you know what information is readily available from us. By readily available we mean that the information can be obtained from us on request.
Our publication scheme:
- sets out the classes of information which we publish or intend to publish;
- says how we will publish the information in each class; and
- says if we will provide the information free or charge for it.
The publication scheme is not intended to be a complete list of all the information we hold. Anyone can use the Act to ask to see other information that is not listed in the publication scheme.
Formulating the Scheme
Section 23 of the Act provides that in adopting or reviewing its publication scheme the authority must have regard to the public interest in allowing public access to information about:
- the services provided by the authority;
- the costs of those services;
- the standard attained by those services;
- the facts which form the basis of decisions taken by the authority which are of importance to the public; and
- the publication reasons for decisions made by it.
All information included in this Scheme must be provided promptly on request (subject to the exemptions discussed in this section). The publication scheme lists information that we routinely make available but it does not limit your right to request any other information.
Scottish Canal’s aim is to be as open as possible. However, information may be withheld from any of the classes of information listed below where we consider that the disclosure may fall within one of the exemptions contained in the Act. For example, we may withhold information if its disclosure would breach the law of confidentiality or seriously prejudice the commercial interests of any person or organisation. We will also withhold information which is personal data under the Data Protection Act 1998.
Where we consider information to be exempt, we will withhold that information and indicate why it is being withheld. Even where an exemption exists, it may be possible to provide copies with the exempted information edited out.
If you wish to complain about information which is being withheld from you, please read the “complaints” section below.
This publication scheme lists information that is currently available from Scottish Canals. We do not retain all documents and information indefinitely. From time to time we destroy items that are no longer required by statute or regulatory bodies, or that have ceased to have any relevance or purpose. Our policy for the retention and destruction of information is available through the publication scheme.
Accessing information under the Publication Scheme
Online: most information listed in our publication scheme is available from this website: http://www.scottishcanals.co.uk. Details of the relevant links which will take you to the page or document required are provided in the publication scheme.
By email: if the information you request is not available on the website, but is listed in our publication scheme, we will send it to you by email, wherever practicable. When requesting information, please include full contact details, including name, address and a telephone number so that we can telephone to clarify details, if necessary.
By phone: information can be requested over the telephone. Please provide full contact details, including name, address and a telephone number, so that we can telephone to clarify any details, if necessary.
By post: all information is also available in a paper copy form. When requesting information, please include the following details: your name and address, the information or documents you want to see. Please include a telephone number so that we can telephone to clarify details, if necessary.
Personal visits: for some classes of information, you may need to make an appointment to view the information.
Requests for information should be submitted by post, by telephone, in person or by email to:
Head of Legal Services
Tel: 0141 354 7537
Similarly, if you have any difficulty determining the information you want to see, please contact the Head of Legal Services, who will be happy to help.
If you wish to comment on this scheme or if you require assistance or need to make a complaint, then you should contact the Head of Legal Services by post, by telephone, in person or by email as detailed above.
If you are unable to resolve any complaint, you can complain to the Scottish Information Commissioner who oversees the Act. The enquiry line is open from 9am to 5pm, from Monday to Friday – 01334 464610. Or you can email on firstname.lastname@example.org