What is a publication scheme, and who needs one?
A publication scheme is a public authority's commitment to publish certain classes of information routinely, without waiting for requests. Every FOIA and FOISA public authority must adopt and maintain one, normally the model scheme approved by the regulator, and publish information in line with it.
What it is
The model schemes cover classes such as who the authority is and what it does, what it spends, its priorities and performance, how it makes decisions, its policies and procedures, lists and registers, and services offered. Under the EIR, authorities must progressively make environmental information available electronically.
Who needs one
- Every public authority under FOIA, using a scheme approved by the regulator. FOIA s.19
- Every Scottish public authority, using a scheme approved by the Scottish Information Commissioner. FOISA s.23
- For environmental information, proactive dissemination. EIR reg 4
Who is responsible
The public authority.
What it involves
- Adopt the model scheme.
- Publish a guide to the information available and any charges.
- Keep it up to date.
- Review it periodically.
If it goes wrong
- Regulatory
- The regulator can issue a practice recommendation or enforcement notice for failing to adopt or follow a scheme.
- Criminal
- No offence.
- Civil
- No right to compensation. Enforcement runs through the regulator and the tribunal.
Go further
- The law
- FOIA 2000, FOISA 2002, EIR 2004
More on freedom of information and environmental information
- What is a freedom of information request, and how long does an authority have?
- Who counts as a public authority for FOI and the EIR?
- What is environmental information, and when do the EIR apply instead of FOI?
- What is the public interest test in FOI?
- What does "neither confirm nor deny" mean?
- When can an authority refuse an FOI request on cost?
- What is a vexatious request?
- What is an internal review, and when must an authority carry one out?
- Does FOIA or FOISA apply to a Scottish body?
- How do you complain or appeal about an FOI response?
Sources
- Primary Freedom of Information Act 2000, section 19 legislation.gov.uk
- Primary Freedom of Information (Scotland) Act 2002, section 23 legislation.gov.uk
- Primary Environmental Information Regulations 2004, regulation 4 legislation.gov.uk
Updated