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Freedom of Information (Scotland) Act 2002
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Freedom of Information (Scotland) Act 2002, Section 11 is up to date with all changes known to be in force on or before 06 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- sch. 1 para. 74A inserted by 2023 asp 6 sch. 2 para. 2(2)
- sch. 1 para. 107 inserted by 2024 asp 13 sch. para. 2(2)
11 Means of providing informationS
This section has no associated Explanatory Notes
(1)Where, in requesting information from a Scottish public authority, the applicant expresses a preference for receiving it by any one or more of the means mentioned in subsection (2), the authority must, so far as is reasonably practicable, give effect to that preference.
(2)The means are—
(a)the provision to the applicant, in permanent form or in another form acceptable to the applicant, of a copy of the information;
(b)such provision to the applicant of a digest or summary of the information; and
(c)the provision to the applicant of a reasonable opportunity to inspect a record containing the information.
(3)In determining, for the purposes of subsection (1), what is reasonably practicable, the authority may have regard to all the circumstances, including cost; and where it determines that it is not reasonably practicable to give effect to the preference it must notify the applicant of the reasons for that determination.
(4)Subject to subsection (1), information given in compliance with section 1(1) may be given by any means which are reasonable in the circumstances.
(5)Such tests of reasonable practicability as are imposed by this section are not to be construed as detracting from any duty which a [F1person has under or by virtue of section 29 of the Equality Act 2010 (provision of services etc)] (duty to make adjustments to practices, policies, procedures or physical features so that use of services by disabled persons is facilitated or made possible).
Textual Amendments
F1Words in s. 11(5) substituted by 2010 c. 15 Sch. 26 Pt. 2 para. 103 (as inserted) (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 6 (see S.I. 2010/2317, art. 2)
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