CHIEF AND ASSISTANT CHIEF FIRE OFFICERS ASSOCIATION (CACFOA) (SCOTLAND) MODEL PUBLICATION SCHEME REQUIRED UNDER SECTION 23 FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 SCHEDULE 1, PART 3 Any enquiries regarding this model Scheme should be directed to:
Mr Brian Sweeney QFSM D.Univ.,MA On behalf of the CFOA (Scotland) Information Group.
The document from which this information is reproduced is available for download:
Contents
Introduction To Model Scheme The Freedom of Information (Scotland) Act 2002 (the Act) received Royal Assent on 28th May 2002. The Act gives a general right of access to all types of information held by Scottish public authorities, sets out exemptions from that right and places a number of obligations on public authorities, including the development of an approved Publication Scheme. The Chief Fire Officers Association (CFOA) (Scotland), have developed a model publication scheme for Scottish Fire Services that has been approved by the Scottish Information Commissioner. The following Scheme (based on the model publication scheme) is adopted by Strathclyde Fire & Rescue Service.
The Model Scheme approved for Scottish Fire Services covers the following fire and rescue services:
Central Scotland Fire & Rescue Service The Freedom of Information (Scotland) Act 2002 received Royal Assent on 28 May 2002. The Act gives a general right of access to all types of information held by Scottish public authorities. The Act ensures that, subject to certain exemptions, any person can receive information that they request from a public authority. Section 23(1) of the Freedom of Information (Scotland) Act requires every Scottish public authority to adopt and maintain a Publication Scheme, to publish information in accordance with that Scheme and to periodically review that Scheme. Section 23(2) of the Act states that:"A Publication Scheme must specify:
Section 23(3) states that in adopting or reviewing its Publication Scheme, the authority must have regard to the public interest in:
These principles and purposes have been adopted in the compilation of this Publication Scheme. Strathclyde Fire Board has regard to the public interest in information the fire service holds. In the creation of this Publication Scheme, Strathclyde Fire Board have been mindful of the value of openness and transparency. The Chief Fire Officers Association (CFOA) (Scotland) commends the publication of information via this Publication Scheme as a positive opportunity for the public to gain greater understanding about what a fire service does, how it operates and how it contributes to public life. Following the introduction of the Local Government etc (Scotland) Act 1994 and local government reorganisation in 1996, the current fire services were established. Section 36 of the Act allows for the creation of fire authorities which are run by joint boards, other than Fife and Dumfries and Galloway where the fire authority is a function of the unitary authority. The responsibility for the provision of a fire service lies with the fire authority. Strathclyde Fire Board has responsibility for the provision of a fire service for the Argyll and Bute Council, East Ayrshire Council, East Dunbartonshire Council, East Renfrewshire Council, Glasgow City Council, Inverclyde Council, North Ayrshire Council, North Lanarkshire Council, Renfewshire Council, South Ayrshire Council, South Lanarkshire Council, West Dunbartonshire Council areas. Day to day running of the service is devolved to the Chief Fire Officer of Strathclyde Fire & Rescue Day to day issues are dealt with by Strathclyde Fire & Rescue, while policy and financial decisions are ratified by the Board. This Publication Scheme, like other information required by statute, is presented by Strathclyde Fire Board However, for the purposes of this Scheme, the majority of information will be available from Strathclyde Fire & Rescue. Where information is available solely from Strathclyde Fire Board this is indicated. Putting Our Publication Scheme Together The classes of information that have been identified in our Publication Scheme cover information that we are already asked for, or that we feel are in the interest of the public. However, we are keen to ensure the contents of our Publication Scheme reflect the needs and expectations of the public. Because of the time constraints for Scottish Information Commissioner (SIC) approval, it has not been possible to carry out a public survey of the public expectations for our Publication Scheme, but public consultation is an ongoing process for Strathclyde Fire & Rescue during 2004 and our Publication Scheme may be amended to incorporate the results. We will also develop and amend our Publication Scheme in response to requests for information that may not have been anticipated or to changing expectations and demands.A feedback form - contained within the downloadable pdf version of this document - is available as part of our Publication Scheme and we ask that you use it to advise us if you feel that information should be made available in our Scheme. Application will be made to the SIC to develop and amend any classes of information where necessary. Obtaining Iinformation From Strathclyde Fire & Rescue
Information Available Under Our Publication Scheme Please read our Copyright notice on this page.
Personal Data
Information Not Listed In Our Publication Scheme If you have difficulty determining the information you want to receive, please Contact Us, we will be happy to help. If you would like to make any comment or complain about this Publication Scheme, contact Sharon Reid (Freedom Of Information Officer) via the contact link on the top menu. Every effort will be made to resolve any difficulties you may have by following our established complaints procedure. If we are unable to resolve any complaint, you can appeal to the Scottish information Commissioner who oversees the Act and whose contact details are also provided. From 1 January 2005, when the general right of access comes into force, there will be a formal appeal mechanism when information is withheld. Further details are available on the Commissioner's website at www.itspublicknowledge.info.
Scottish Information Commissioner Strathclyde Fire & Rescue is committed to the open and transparent delivery of services and the making available of as much information as possible in relation to this. It is Strathclyde Fire & Rescue's aim to be as open as possible. However, information may be withheld from any of the classes of information listed in this Scheme where we consider that disclosure may prejudice legal proceedings or our regulatory or enforcement activities, or where disclosure is otherwise prohibited by law. We may also withhold information that may seriously prejudice the commercial interests of any person or organisation. We will also withhold information that is personal data under the Data Protection Act 1998. In these circumstances, we will withhold the information and indicate why it is being withheld. If you wish to make a complaint about information that is being withheld, please Contact Us. The Freedom of Information Act 2002 sets out a numbers of exemptions, under which a public authority may decide not to release information following a request from a member of the public. It is not intended here to set out the exemptions in full. The following provides some examples of certain types of information, which may be exempt. There are two types of exemptions - absolute exemptions and exemptions where the public authority must apply the public interest test. Examples of absolute exemptions are:
In other cases, the public authority must apply a public interest test in deciding whether or not to release the information. This means that the authority must decide whether the public interest in withholding the information outweighs the public interest in releasing it. Examples of information, which may be exempt subject to the public interest case, are:
Strathclyde Fire & Rescue will have a Document Retention Policy, which outlines the length of time documents are held for and the action taken when that period expires. The policy will be made available as part of the Publication Scheme from 1st January 2005. Information referred to in our Publication Scheme can be copied or reproduced without formal permission provided it is copied or reproduced accurately and is not used in a misleading context. We would also require that the source of the material is identified and that the copyright status is acknowledged. Where copyright belongs to a third party (another organisation), the consent of that copyright holder should be sought before information is reproduced. Most of the information listed within our Publication Scheme will be made available free of charge. Exceptions to this are identified with the classes of information. Strathclyde Fire & Rescue is keen to hear your views. If you have any observations to make regarding our Publication Scheme, please use the feedback form contained within the downloadable pdf version of this document or Contact Us via this site.
This Publication is designed to meet the disability compliance standards and comply with the Disability Discrimination Act 1995. Strathclyde Fire & Rescue is committed to promoting equal opportunities and making our publication scheme available to all sections of our community. If you would prefer a copy of our scheme in a language other than English please Contact Us. If you have any comments or complaints to make about our Scheme, please contact Sharon Reid,Freedom of Information Officer. Full details of how we may be contacted and information on contacting other parties mentioned in this document can be found on our CONTACT PAGE. The Publication Scheme is arranged into 'classes' of information, based on the Fire Authorities duties under the Fire Services Act 1947. These include:
Strathclyde Fire Board sets the annual budget for Strathclyde Fire & Rescue . The budget is funded by the constituent local authorities. Strathclyde Fire & Rescue also carries out other functions on behalf of the Fire Authority, such as rescue services or attending non-fire incidents. These include:
As part of the duties laid down in the Fire (Scotland) Act 2005, Strathclyde Fire & Rescue also provides fire advice in the community. This means educating the public about fire safety. NOTE: The documents we provide for download require a PDF document reader. Adobe provide a free reader at the following link: www.adobe.com
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Model Publication Scheme