Information and notices relating to the publication of road orders: EIR release

Information request and response under the Environmental Information (Scotland) Regulations 2004.


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. 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 01 July 2018 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:
https://www.transport.gov.scot/projects/
 
Reasons for not providing information
 
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
 
 
foi-19-00026 Annex A

Contact

Please quote the FOI reference
Central Enquiry Unit 
Email: ceu@gov.scot
Phone: 0300 244 4000 

The Scottish Government 
St Andrew's House 
Regent Road 
Edinburgh 
EH1 3DG

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