
1 

(1) These Regulations may be cited as the Freedom of Information (Fees for Disclosure under Section 13) (Scotland) Regulations 2004.
(2) These Regulations shall come into force on 1st January 2005.
2 
In these Regulations–
 “the Act” means the Freedom of Information (Scotland) Act 2002; and
 “projected costs” has the meaning set out in regulation 3.
3 

(1) In these Regulations, “projected costs” in relation to a request for information means the total costs, whether direct or indirect, which a Scottish public authority reasonably estimates in accordance with this regulation that it is likely to incur in locating, retrieving and providing such information in accordance with the Act.
(2) In estimating projected costs–
(a) no account shall be taken of costs incurred in determining–
(i) whether the authority holds the information specified in the request; or
(ii) whether the person seeking the information is entitled to receive the requested information or, if not so entitled, should nevertheless be provided with it or should be refused it; and
(b) any estimate of the cost of staff time in locating, retrieving or providing the information shall not exceed £15 per hour per member of staff.
4 
Where an authority proposes to communicate information to which section 13(1) of the Act (fees for disclosure in certain circumstances) applies, the fee which it may charge shall be such fee as it shall notify to and agree with the person who requests the information before the information is communicated, and in any case shall not exceed the sum of £50 plus the amount by which the projected costs exceed £600.
ANDREW P KERR
Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
2nd September 2004