FOI/202300380755 · FOI/EIR · partially withheld
The Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) (Scotland) Regulation 2009: EIR release
Information requested
I would like to know how Scottish Government have implemented Statutory Instrument 2009 No.419 - Wildlife - "The Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) (Scotland) Regulation 2009.
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. The Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) (Scotland) Regulation 2009 came into force on 21st December 2009. The licensing scheme and registration scheme is administered by NatureScot and the Animal and Plant Health Agency on behalf of Scottish Ministers. Details of how the legislation introduced by Statutory Instrument 2009 No.419 - Wildlife - The Wildlife and Countryside (Registration and Ringing of Certain Captive Birds) (Scotland) Regulation 2009 is implemented in both Scotland and the UK can be found on the respective webpages:
NatureScot: https://www.nature.scot/professional-advice/protected-areas-andspecies/licensing/species-licensing-z-guide/birds/registration-captive-birds-prey Defra/APHA: https://www.gov.uk/guidance/bird-registration
About FOI
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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
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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