FOI/19/01555 · FOI/EIR · partially withheld
Notices and or Orders regarding compulsory purchase of land: EIR release
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 Section 1 of the Acquisition of Land (Authorisation Procedure)(Scotland) Act 1947 for all Notices/Orders that; (1) Have been Served, (2) remain extant, (That is to say have been served but are not considered Complied with) (3) Have been Complied with (Where there are no works left to be carried out) During the dates 1st January 2019 to the 1st July 2019.”
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.
For the period detailed Transport Scotland has only published a single draft compulsory purchase order on 31 January 2019 as detailed below: The A830 Trunk Road (Shlatach Rail Bridge Replacement) Compulsory Purchase Order 201[ ] Details of the compulsory purchase orders and notices can be found on the Transport Scotland website as linked below: https://www.transport.gov.scot/
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 Andrews House Regent Road Edinburgh EH1 3DG
Detected exemption language
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 Section 1 of the Acquisition of Land (Authorisation Procedure)(Scotland) Act 1947 for all Notices/Orders that; (1) Have been Served, (2) remain extant, (That is to say have been served but are not considered Complied with) (3) Have been Complied with (Where there are no works left to be carried out) During the dates 1st January 2019 to the 1st July 2019.” 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.
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