Right of Access - General Information

Introduction

The Freedom of Information (Scotland) Act 2002 gives a general right of access to all types of recorded information held by public authorities, sets out exemptions to that right and places a number of related obligations on public authorities, particularly in relation to Records Management and Publication Schemes.

Any person who makes a request to a public authority for information, subject to certain exemptions, must be informed whether or not the public authority holds that information and, subject to various statutory exemptions, be supplied with that information.

Individuals already have the right to apply for personal information about themselves under the Data Protection Act 1998. To assist you in making an application for personal information under the Data Protection Act 1998 please contact Northern Constabulary on 01463 720515 and ask to speak to the Data Protection Officer. In addition please see the Frequently Asked Questions section of this site.

As far as public authorities are concerned, the Freedom of Information (Scotland) Act 2002 will extend that right to allow public access to all types of information. This individual right of access to information under the Freedom of Information (Scotland) Act 2002 came into effect on 1 January 2005.

A Freedom of Information Officer was appointed by Northern Constabulary to deal with all queries under the Freedom of Information Act.

Contact Details

Freedom of Information Officer

Force Information Management Unit

Northern Constabulary Headquarters
Old Perth Road
Inverness
IV2 3SY

Telephone 01463 720519
Fax 01463 720510
e-mail foi@northern.pnn.police.uk

A Freedom of Information general enquiry form is available here as a downloadable PDF document.

Public authorities are required to adopt and maintain a Publication Scheme setting out the classes of information available and the manner in which they intend to publish the information, and whether a charge will be made for the information. The purpose of a Publication Scheme is to ensure information is available, without the need for a specific request. Schemes are intended to encourage organisations to publish more information pro-actively and to develop a greater culture of openness. Chief Constables were required to have an approved Publication Scheme in place and in operation from 1 June 2004.

Information not available through the Publication Scheme may be available on written request.

The Freedom of Information (Scotland) Act 2002 is enforced by the Scottish Information Commissioner. The Freedom of Information Act 2000 in England and Wales is a separate piece of legislation enforced by the Office of the Information Commissioner. He also has responsibility for the Data Protection Act 1998 on a nationwide basis.

The Scottish Information Commissioner is responsible for the approval of Publication Schemes for Scotland under the Freedom of Information (Scotland) Act 2002.

A Chief Constable in Scotland is deemed to be a public authority under the Freedom of Information (Scotland) Act 2002.

Contact Details

The Office of The Scottish Information Commissioner Kinburn Castle
Doubledykes Road
St Andrews
FIFE
KY16 9DS
Tel: 01334 464610
www.itspublicknowledge.info

The Office of the Information Commissioner Wycliffe House
Wilmslow
CHESHIRE
SK9 5AF
Tel: 01625 545700
www.informationcommissioner.gov.uk

Enquirers should note the Scottish Information Commissioner's remit is limited to Scottish public authorities as defined by Section 3 of the Freedom of Information (Scotland) Act 2002 Enquiries relating to bodies covered by the Freedom of Information Act 2000, and enquiries under the Data Protection Act 1998, should be directed to the Information Commissioner in Cheshire.

Publication Schemes - General Information

In recognition of abbreviations used in the Police Service an A-Z glossary is available in this scheme. The glossary is not exhaustive.

Publication Schemes are an important feature of the Freedom of Information (Scotland) Act 2002. Their purpose is to make a significant amount of information available routinely, without the need for a specific request. Information not available in the Scheme may be available on request.

In recognition of the need for consistency in compliance, the Association of Chief Police Officers in Scotland, Freedom of Information Implementation Sub Group has developed a Model Publication Scheme for use by Chief Constables in Scotland.

This model scheme has been approved under Section 24(1)(b) of the Freedom of Information (Scotland) Act 2002 by the Scottish Information Commissioner as a scheme for use by Chief Constables in Scotland. The Association of Chief Police Officers in Scotland has recommended the model scheme to Chief Constables in order to facilitate compliance with Section 23 of the Freedom of Information (Scotland) Act 2002.

The Chief Constable of Northern Constabulary commends this Publication Scheme as a positive opportunity to gain greater recognition by publishing more information about what a Scottish Police Force does, how it operates, how it contributes to public life and how people can do more to participate in or benefit from its work.

The Chief Constable of Northern Constabulary has regard to the public interest in information the Force holds. In preparing to meet its obligations under the Freedom of Information (Scotland) Act 2002, including the drawing up of this Publication Scheme, Northern Constabulary have been mindful of the values and principles of openness and transparency.

Northern Constabulary has compiled the content of this Publication Scheme based on current statutory obligations to publish information and on what further information the Chief Constable feels can be released in order to comply with the spirit of Freedom of Information (Scotland) Act 2002, but also to allow the Police Force to function efficiently.

Please note the classes of information contained in this Scheme may contain exempt information which the Chief Constable may not make available under the Scheme.

Exemption and Non - Disclosure of Information

This Model Publication Scheme is approved for at least four years but is subject to revocation under Section 24(3)(b) of the Freedom of Information (Scotland) Act 2002 by the Scottish Information Commissioner on six months notice.

The approved Model Scheme for Chief Constables under the Freedom of Information (Scotland) Act 2002 covers the following Scottish Police Forces:

Enquirers should note that material published by a Joint Police Board or Authority constituted by an amalgamation scheme made or approved under the Police (Scotland) Act 1967 c77, will be dealt with under the Publication Scheme made by that Authority or Board and if such material is sought, please refer to the Northern Joint Police Board site.

It has not been possible to consult with the public in relation to this publication scheme for Northern Constabulary. Consultations will be part of the Force's ongoing commitment to openness and transparency. Your comments are welcome and will help us to revise and update our Scheme.

Changes will need to be agreed by the Scottish Information Commissioner.

Further Information

Should you have any observations, concerns or require any further information regarding this Publication Scheme please contact:

Freedom of Information Co-ordinator

Northern Police Headquarters
Old Perth Road
Inverness
IV2 3SY

E-Mail: foi@northern.pnn.police.uk
Tel No: 01463 720519
Fax No: 01463 720510

who is responsible for the day to day running of the scheme for Northern Constabulary, and every effort will be made to resolve your concern.

How to obtain information listed in this scheme

Availability of Information and Publications

This Publication Scheme has been designed to highlight information and publications that are available from us. The documents available on this website can be downloaded free of charge. PLEASE SEE COPYRIGHT NOTICE.

See the frequently asked questions section for further information.

Accessing Information Under the Publications Scheme

Online: Information listed in our Publication Scheme is available from this website and can be freely downloaded.

If you have difficulty identifying the information you require, or require clarification or advice, our staff will be pleased to help you. They can be contacted on:

Tel No: 01463 720519 Monday-Friday (Public Holidays excepted)

Core hours: 9:00am - 4:00pm.

Charging Policy

We will not charge for access to information available online or if it is sent to you by email, floppy disk or CD.

However, if printed copy is requested, this will be charged at 20 pence per page of copy.

No charge will be levied for the provision of any promotional and advisory leaflets and related material unless they are published for sale, in which case the cover price will be indicated to you.

On receipt of requests where a charge is to be levied, you will be advised of the total charge which will require to be paid prior to delivery of your requested information. This may include postage. The Chief Constable has a discretion not to levy any charge.

Copyright Notice

Information which is obtained through the operation of the Publication Scheme may be subject to copyright. Further copying or reproduction of such material should be accurate and should identify, where known, the copyright holder of the information and acknowledge its copyright status. The information should not be used in a misleading form, or context.

When requesting information from this Publication Scheme, please provide the following details:

Your name and address, telephone number(s) and E-mail address
The information or documents you would like to access
The way you would like the information to be sent to you, (eg hard copy, via E-mail or CD)

(A charge may be imposed for hardcopy provision). Please see CHARGING POLICY

And send to:

Freedom of Information Co-ordinator

Police Headquarters
Old Perth Road
Inverness
IV2 3SY

E-Mail: foi@northern.pnn.police.uk
Tel No: 01463 720519
Fax No: 01463 720510

You may care to use our Publication Scheme Feedback/Contact Form for this purpose.

Disability Discrimination

This publication scheme is designed to meet the disability compliance standards and comply with the Disability Discrimination Act 1995. It uses various techniques to provide pages which will meet accessibility standards for site visitors with movement, cognitive and visual impairments.

Exemptions and Non Disclosure of Information

We are committed to an open and transparent delivery of service whenever possible and it is our intention to publish information in our Publication Scheme that is in the public interest. We are committed to protecting the communities we serve, preventing and detecting crime and preserving national security. We are conscious of the need to protect the physical and mental health of the individual and it must be recognised that certain information will not be disclosed, both in the public interest and based on various exemptions under the Freedom of Information (Scotland) Act 2002.

Information concerning ongoing investigations, investigative methods, intelligence and the use of related operational techniques must be protected. Reports to Procurators Fiscal may be exempt information. In this respect, we will, when appropriate, apply reasonable consideration to the exemptions afforded under the public interest test and absolute exemptions outlined in Section 2 of the Freedom of Information (Scotland) Act 2002.

Our aim is to be as open as possible. However, information may be withheld from any of the classes of information listed below, where we consider that disclosure may seriously prejudice law enforcement, legal proceedings or our regulatory or enforcement activities, or where disclosure is otherwise prohibited by law. We may also withhold information which may seriously prejudice the commercial interests or confidentiality of any person or organisation.

In these cases, we will withhold the information and indicate why the information is being withheld. If you wish to complain about information which is being withheld from you, please see FURTHER INFORMATION.

We will also withhold information which is personal information under the Data Protection Act 1998.

If an exemption is claimed for a particular part of a document access may still be given to the section (s) of the document not subject to exemption. Even if information is considered exempt under the Publication Scheme requests for this information can be made.

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