Freedom of Information

Introduction

The Freedom of Information (Scotland) Act 2002 (FOISA) requires Scottish public authorities to produce and maintain a publication scheme.

Authorities are under a legal obligation to:

• Publish the classes of information that they make routinely available.
• Tell the public how to access the information and what it might cost.

The King’s and Lord Treasurer’s Remembrancer (KLTR) has adopted the Model Publication Scheme produced by the Scottish Information Commissioner.

The purpose of this Guide to Information is to:

• Allow you to see what information is available (and what is not available) in relation to each class.
• State what charges may be applied.
• Explain how you can find the information easily.
• Provide contact details for enquiries and to get help with accessing the information.
• Explain how to request information we hold that has not been published.

 Availability and formats

The information we publish through the model scheme is, wherever possible, available on our website. We offer alternative arrangements for people who do not want to, or cannot, access the information online. For example, we can usually arrange to send information to you in paper copy (although there may be a charge for this).

Exempt information

We will publish the information we hold that falls within the classes of information below. If a document contains information that is exempt under Scotland’s freedom of information laws (for example sensitive personal information ), we may remove or redact the information before publication, but we will explain why.

Copyright and re-use

Where the KLTR holds the copyright in its published information, the information may be copied or reproduced without formal permission, provided that:

• It is copied or reproduced accurately.
• It is not used in a misleading context.
• The source of the material is identified.

The material on our website is subject to Crown copyright protection unless otherwise indicated.

Where the KLTR does not hold the copyright in information we publish, we will make this clear.

Where information is subject to a third party copyright, that information may not be copied or reproduced without first obtaining permission from the copyright holder.

Charges

This section explains when we may make a charge for our publications and how any charge will be calculated.

There is no charge to view information on our website. We may charge for providing information to you e.g., photocopying and postage, but we will charge you no more than it actually costs us to do so.

We will always tell you what the cost is before providing the information to you. Requests for multiple printouts of material on the website or for multiple hard copies may attract a charge for the cost of printing and/or photocopying and the postage costs of sending the information by first class post.

In the event a charge is to be levied, you will be advised of the charge and how it has been calculated. Information will not be provided to you until payment has been received. Postage costs will be recharged at the rate we paid to send the information to you.

When providing copies of pre-printed publications, we will charge no more than the cost per copy of the total print run. We do not pass on any other costs to you in relation to our published information.

The staff of the KLTR Office are, in the main, seconded from The Crown Office and Procurator Fiscal Service (COPFS). Therefore, some of the information published under these classes are links to their websites since the KLTR Office does not publish this information separately

The staff of the KLTR Office are, in the main, seconded from The Crown Office and Procurator Fiscal Service (COPFS).). Therefore, some of the information published under these classes are links to their websites since the KLTR Office does not publish this information separately.

The staff of the KLTR Office are seconded from The Crown Office and Procurator Fiscal Service (COPFS) and the Scottish Government (SG). COPFS provides procurement services for KLTR and we follow their policies, guidance and procedures.

The staff of the KLTR Office are seconded from The Crown Office and Procurator Fiscal Service (COPFS) and the Scottish Government (SG). Therefore, some of the information published under these classes are links to their websites since the KLTR Office does not publish this information separately.

The King’s and Lord Treasurer’s Remembrancer 

The King's and Lord Treasurer’s Remembrancer is the Crown’s representative in Scotland who deals with ownerless property. 

The Office of King's and Lord Treasurer’s Remembrancer (KLTR) is held by the Crown Agent. The KLTR is supported by the KLTR Office which consists of 2 Solicitors and 4 Administrative staff.

The KLTR was created in 1836 by the amalgamation of two existing posts created in 1707 - the King's/Queen's Remembrancer and the Lord Treasurer's Remembrancer. At one time the Sovereign's, and later the UK Government's, finances were administered by the Treasury. The Treasury's Scottish agent was the KLTR and therefore came under the direct control of the Treasury Commissioners. The Treasury established the Exchequer Office for Scotland in Edinburgh, essentially as a revenue collecting office, with the KLTR at its head. As the opportunities for collecting revenue on behalf of the Crown in Scotland increased so did the functions of the post, particularly in the 19th century. Among other duties, the then QLTR was made responsible for collecting fines and for supervising the funding of the Scottish court system.

In the 1970s, the function of financing that court system was transferred to the Secretary of State for Scotland, and in 1981 the post's functions of paying judicial salaries and funding the prosecution service were transferred to the Lord Advocate. The Exchequer Office was itself therefore closed in 1981 - but the post was retained for the specific purpose of the then QLTR dealing, on behalf of the Crown, with matters of bona vacantia, ultimus haeres and Treasure Trove, all three of which are based on the common law principle relating to ownerless goods - Quod nullius est fit domini regis - which means - That which belongs to no one becomes the King's.

In 1981, the Treasury Commissioners decided that the post should in future be held by whoever held the position in Scotland of Crown Agent. This dual appointment still operates, although since devolution the QLTR and now KLTR has been under the direction of Scottish Ministers rather than the Treasury Commissioners.

In terms of the Scotland Act 1998, the Crown's property rights in ownerless goods and the revenues raised from them were transferred to Scottish Ministers. Consequently all net receipts of the KLTR office have since devolution been paid into the Scottish Consolidated Fund, rather than being transferred to the Treasury in London as used to be the case.

Availability and formats

The information we publish through the model scheme is, wherever possible, available on our website. We offer alternative arrangements for people who do not want to, or cannot, access the information online or by inspection at our premises. For example, we can usually arrange to send information to you in a paper copy (although there may be a charge for this).

Exempt Information

We will publish the information we hold which falls within the classes of information below. If a document contains information that is exempt under Scotland’s Freedom of Information laws (for example sensitive personal information or a trade secret), we will remove or redact the information before publication and explain why.

Copyright

Where The King’s and Lord Treasurer’s Remembrancer holds the copyright in its published information, the information may be copied or reproduced without formal permission, provided that: 

• it is copied, in whole or in part, or reproduced accurately,
• it is not used in a misleading context, and
• the date and source of the material is acknowledged. 

However, no part may be reproduced within a prospectus or in connection with any commercial activity or promotional or advertising campaign. 

Where the King’s and Lord Treasurer’s Remembrancer does not hold the copyright in information we publish, we will make this clear.

Charges

This section explains when we may make a charge for our publications and how any charge will be calculated. 

There is no charge to view information on our website or at our premises. 

We may charge for providing information to you eg. photocopying and postage, but we will charge you no more than it actually costs us to do so. We will always tell you what the cost is before providing the information to you. 

Our photocopying charge per sheet of paper is show in the table below: 

Information provided on a CD-ROM will be charged at 50p per computer disc. We can also email documents. 

Postage costs will be recharged at the rate we paid to send the information to you. 

When providing copies of pre-printed publication, we will charge no more than the cost per copy of the total print run.

We do not pass on any other costs to you in relation to our published information. 

KLTR does not print any commercial publications (see Class 8 below).

Contact us

You can contact us for assistance with any aspect of this publication scheme. 

We will also advise you how to ask for information that we do not publish or how to complain if you are dissatisfied with any aspect of this publication scheme.

PROACTIVE PUBLICATION OF INFORMATION RELEASED UNDER THE FREEDOM OF INFORMATION (SCOTLAND) ACT 2001 (FOISA) AND THE ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

Under section 1 of FOISA, a person who requests information from a Scottish public authority which holds it, is entitled to be given it by the authority (subject to a number of exceptions set out in FOISA). In addition to responding to individual requests for information, the KLTR also makes available a range of material through our Publication Scheme.

In order to expand on our commitment to greater transparency under FOISA, we also publish information we have provided to applicants where that information is of wider interest than to the person who requested it.  This can be found below, which lists requests and responses from April 2011, in date order, starting with the most recent.

While we do try to provide as much information as possible, there are some requests which relate to exempt information (which does not require to be released under FOISA) where we are not able to provide information to applicants.