- 8 Aug 2018
FOI reference: FOI/18/01871
Date received: 9 July 2018
Date responded: 7 August 2018
"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)
4. Have been Complied with but have invoices pending in respect of works carried out by or on behalf of you during the dates 15th January 2018 to the 9th July 2018."
In your response to our clarifications you confirmed that you would be content with our approach of providing a list detailing:
1. draft Compulsory Purchase Orders;
2. made Compulsory Purchase Orders; and
3. made Compulsory Purchase Orders where the General Vesting Declaration has been made; that have been published since 2009.
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 list of Transport Scotland's Notices and Orders under the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 and the Roads (Scotland) Act 1984 since 2009 is detailed in Annex A. Details of individual compulsory purchase orders and notices can be found for the specific projects on the Transport Scotland website as linked below:
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
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House