FOI/202000044219 · FOI/EIR · not held
A92/A94 Stonehaven bypass orders: EIR release
Information requested
Copies of Orders in relation to the Stonehaven Bypass
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.
Please see annexes A-C to this response for copies of Orders in relation to the Stonehaven Bypass. Unfortunately, while our aim is to provide information whenever possible, in this instance Transport Scotland does not have some of the information you have requested. Therefore we are refusing that part of your request under the exception at regulation 10(4)(a) of the EIRs. This is because we do not hold the plans for the following Orders: The Perth-Dundee-Aberdeen-Inverness Trunk Road (Stonehaven Bypass) Order 1980 The Perth-Dundee-Aberdeen-Inverness Trunk Road (Stonehaven Bypass Side Roads) Order 1981 This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in information about the Stonehaven Bypass, clearly we cannot provide information which we do not hold. However, you may wish to contact the National Records of Scotland, at foi@nrscotland.gov.uk, who may be able to help you.
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.
Detected exemption language
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. Therefore we are refusing that part of your request under the exception at regulation 10(4)(a) of the EIRs.