Freedom of Information (Scotland) Act (FoISA)

The Freedom of Information Scotland Act 2002 (FoISA) came into force on 1 January 2005 and provides a general right of access to information to all types of recorded information held by Scottish public authorities. It aims to promote greater openness and accountability across the public sector.

Scottish public authorities are defined under Schedule 1 of the Act (FOISA) which includes the James Hutton Institute (‘we’, ‘us’). The FOI Act is enforced and promoted by the Scottish Information Commissioner (SIC).

The Act also applies to companies that we own, either wholly owned, or in partnership with other public authorities. As such, the Act applies to our commercial subsidiary, the James Hutton Limited (“JHL”).

Right of Access

The right of access is expressed in two actions:

  • Public authorities are required to make publicly available specific information about their activities through the Publication Scheme, which explains what information it routinely puts into the public domain, how to access that information and what it might cost. Please see further below details on our Publication Scheme.
  • Individuals are entitled to request and obtain information from public authorities. (See section ‘Making an FOI or EIR request’)

Recorded information

Freedom of Information legislation only applies to recorded information. It won’t cover someone’s thoughts or opinions, unless they have been recorded and then retrievable. Recorded information includes printed documents, computer files, letters, emails, photographs, and sound or video recordings.

Environmental information

The Environmental Information (Scotland) Regulations 2004 (the EIRs) gives everyone the right to ask for environmental information held by a Scottish public authority, including the James Hutton Institute and James Hutton Limited.

Environmental information can be any of the following:

  • the state of the elements such as air, atmosphere, water, soil, land, landscape and natural sites, flora and fauna, including cattle, crops, GMOs (Genetic Modified Organisms), wildlife and biological diversity and it includes any interaction between them
  • factors such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases into the environment affecting or likely to affect the state of the elements of environment or any interaction between them
  • measures and activities affecting or likely to affect or intended to protect the state of the elements of the environment and the interaction between them. This includes administrative measures, policies, legislation, plans, programmes and environmental agreements
  • reports on the implementation of environmental legislation
  • cost benefit and other economic analyses used in environmental decision making
  • the state of human health and safety, conditions of human life, the food chain, cultural sites and built structures, which are, or are likely to be affected by the state of the elements of the environment and the interaction between them

If you wish to request access to environmental information, you can do so by contacting foi@hutton.ac.uk and foi@huttonltd.com. EIR requests can be made verbally and in writing. However, it is recommended to put requests in writing to keep an accurate record. More information about Freedom of Information and Environmental Information can be found on the Scottish Information Commissioner’s website .

Making an FOI or EIR request

Should you wish to request information from the James Hutton Institute or James Hutton Limited, under FOISA or EIR, please contact us at foi@hutton.ac.uk and foi@huttonltd.com, respectively.

You do not have to say why you want the information, or what you want the information for. You do not need to refer to the Act.

Requests for information under FOISA must be received in writing (letter or email). Under EIR in addition to written requests, verbal requests are also valid.

You should provide: 

  • your name (not strictly needed if you’re asking for environmental information);
  • a contact postal address, telephone number or email address, so we can contact you to clarify any details, if necessary;
  • a detailed description of the information you want

Also, you can ask that the information is provided in a particular format, such as: 

  • paper or electronic copies
  • audio format
  • large print

Upon receiving your request, we will:

  • acknowledge your request
  • respond within 20 working days 
  • contact you for clarification, if you have not provided enough detail about what you want, or your request is not clear
  • provide the information requested, if possible. Where it is not possible to provide the information we will explain this in the response, with relevant references to the legislation.

Some information might not be disclosed due to some exemptions (FOI) or exceptions (EIR). Should such exemptions or exceptions apply, we will provide what information we can and also provide reasons why other information has not been released to you.

You can check the Scottish Information Commissioner’s website for further details of exemptions and exceptions.

How to Complain

If you are unhappy with your response you have 40 working days to request a review. We will then undertake an internal review and inform you of the result of that review. Details of this process will be given at the end of your initial response letter. For more information please see the  Scottish Information Commissioner’s website.

Publication Scheme

GUIDE TO INFORMATION AVAILABLE THROUGH THE MODEL PUBLICATION SCHEME 2015

The Freedom of Information (Scotland) Act 2002 (FoISA) requires that all Scottish public authorities make certain types of information routinely available and provide a guide to information telling the public how to access the information and what it might cost.

The James Hutton Institute (‘JHI’) and its commercial subsidiary, James Hutton Limited (‘JHL’) have adopted the  Model Publication Scheme 2015 produced by the Scottish Information Commissioner, who is responsible for enforcing FoISA. We have made a commitment to publish all information which we hold which falls within the classes of information in the scheme.

The Guide(s) to Information linked below describes the information which is published in accordance with the scheme.

If you have any problems accessing information linked in the Guide or would like to suggest other information that could also be included, please let us know:

By email: foi@hutton.ac.uk (JHI), foi@huttonltd.com (JHL)

By post: The James Hutton Institute, Invergowrie, Dundee DD2 5DA, or

The James Hutton Institute, Craigiebuckler, Aberdeen, AB15 8QH

We are happy to consider any suggestions.

Downloads: JHI Publication Scheme and JHL Publication Scheme