On 2 June 2025, the Freedom of Information Reform (Scotland) Bill was introduced to the Scottish Parliament as a Member’s Bill. Its purpose is change Freedom of Information (FOI) legislation in Scotland.
While there is no guarantee that the Bill will become law – or that it will progress through Parliament without amendment – it’s helpful to understand the proposed changes and their potential implications.
For Registered Social Landlords (RSLs), some of the most notable proposals include:
Presumption in Favour of Disclosure
The Bill introduces a new general presumption that information should be disclosed unless an “absolute exemption” applies. This would align FOI more closely with the Environmental Information (Scotland) Regulations 2004, which already contain such a presumption in most circumstances.
Extension of FOI
The Bill reinforces the Scottish Parliament’s powers to designate additional bodies as subject to FOI, including contractors delivering public services on behalf of public authorities.
This could mean that, in certain circumstances, contractors working with RSLs may become subject to FOI, though only in relation to the public services or functions they deliver.
The Bill could also allow for a wider application of FOI to RSLs themselves where they provide services on behalf of other public authorities. (Currently, RSLs are only subject to FOI for specific housing-related functions.)
Changing Response Times
Right now, where a RSL seeks clarification on a request, the 20-working-day clock for responding resets from the date clarification is received, and no deadline applies unless clarification is provided.
The Bill proposes replacing this with a “clock pause” mechanism: the response period would pause while clarification is awaited and resume once clarification is received, rather than restarting.
No more Publication Schemes
The current requirement for RSLs to maintain a publication scheme would be replaced by a “proactive publication duty”. This would be underpinned by a new Code of Practice managed by the Scottish Information Commissioner.
This reform has likely been made in response to feedback that the current publication duties under FOI are outdated and do not reflect how the public now expects to access information.
Freedom of Information Officers
The Bill would require each Scottish public authority to designate a Freedom of Information Officer, broadly comparable to a Data Protection Officer.
The FOI Officer would help ensure compliance with FOI duties, manage requests, and oversee proactive publication obligations.
Widening of FOI Offences
Under current law, it is an offence to destroy or alter information after an FOI request has been received, if done with the intention of preventing disclosure.
The Bill proposes expanding this offence so that it would apply to any intentional destruction of information to avoid disclosure under FOI, regardless of whether a request has been received.
What Should RSLs Do Now?
The Bill is at an early stage and could change significantly as it progresses (or may not pass at all). For now, no action is required by RSLs, but the proposals are worth noting, especially as they overlap to some extent with wider Scottish Government policy aims around FOI.
We will continue to monitor the Bill’s progress and keep RSLs informed of any significant developments.
If you have any questions about FOI or how the proposals may affect your organisation, please contact our team.
