· FOI/EIR · partially withheld
Information and notices relating to the publication of road orders: EIR release
Information requested
No request text extracted.
Response
No response text extracted.
Detected exemption language
FOI reference: FOI/19/00026 Date received: 7 January 2019 Date responded: 22 January 2019 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 July 2018 to the 7th January 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.