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Publication - FOI / EIR Release

Notices/orders made under Acquisition of Land (Scotland) Act: EIR release

Published: 15 Aug 2017

Information request and response under the Environmental Information (Scotland) Regulations 2004.

FOI reference: FOI/17/01678
Date received: 19 July 2017
Date responded: 14 August 2017

Information requested

"We would like to (and hereby do) make an Information Request that we be provided with all information collected by you pursuant to your statutory duty under the Acquisition of Land (Authorisation Procedure)(Scotland) Act 1947 and subsequently contained within all Notices/Orders that have been:

(1) served,

(2) remain extant,

(3) Complied with

during the period 1st Jan 2017 to the 19th July 2017, under or pursuant to Section 1 of the Acquisition of Land (Authorisation Procedure)(Scotland) Act 1947. Please answer all three questions.

We would draw your attention to the Scottish Information Commissioner's "Guidance on validity of requests" and in particular the guidance for public authorities contained in paragraph 3.

We would also draw your attention to the provisions of Section 1 of the Act and to the Regulations.

Pursuant to Section 11 of the Act, we would prefer the information in electronic form, failing which in hard copy.

In so far as any of the requested information contains personal data, the disclosure of which is exempted under Section 38 of the Act, we request that the information be provided with the personal data redacted.

If there is no information falling within the scope of this Information request, please advise us accordingly.'

To which you clarified;

"I am trying to establish the status of these notices and if any new ones have been served thus far this year."

Response

As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

Four notices have been served in the timeframe requested. Details of the Made Notices are available online at the following links;

In addition, Annex A provides a copy of the draft notice for The A82 Trunk Road (Clifton Culvert Replacement) Compulsory Purchase Order 201[ ] and Annex B is the draft notice for The A82 Trunk Road (Allt Fhiodhan Bridge Replacement) Compulsory Purchase Order 201[ ].

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses

Contact

Please quote the FOI reference

Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

Published:
15 Aug 2017
Notices/orders made under Acquisition of Land (Scotland) Act: EIR release