Publication - FOI/EIR release

A90 Kinfauns Interchange, communication with BP regarding pump valve 14: EIR release

Published: 17 Jan 2019

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

Published:
17 Jan 2019
A90 Kinfauns Interchange, communication with BP regarding pump valve 14: EIR release
FOI reference: FOI/18/03321  
Date received: 6 November 2018 
Date responded: 8 January 2019
 
Information requested
 
  • All communication from 1 January 2005 till 6 November 2018 between the Scottish Ministers/ Transport Scotland (including their legal representatives/agents etc) and British Petroleum (BP)/or its subsidiary companies coming under the umbrella of BP (and/or their legal agents, agents and surveyors etc), pertaining to the access to the piece of land, known as Valve 14, owned in the first instance by BP and currently by INEOS FPS Ltd, located to the south of the A90 at Kinfauns, Perth, Scotland. 

 

  • All communication from 1 January 2005 till 6 November 2018 between the Scottish Ministers/ Transport Scotland (including their legal representatives/agents etc) and INEOS FPS Ltd (and/or their legal agents, agents and surveyors etc), pertaining to the access to the piece of land, known as Valve 14, owned in the first instance by BP and currently by INEOS FPS Ltd, located to the south of the A90 at Kinfauns, Perth, Scotland.

 

  • All communication from 1 January 2005 till 6 November 2018 between the Scottish Ministers/ Transport Scotland (including their legal representatives/agents etc) and Brodies, Solicitors (and/or their legal agents, agents and surveyors etc), pertaining to the access to the piece of land, known as Valve 14, owned in the first instance by BP and currently by INEOS FPS Ltd, located to the south of the A90 at Kinfauns, Perth, Scotland.

 

  • All internal communication from 1 January 2005 till 6 November 2018 within all Scottish Government Departments/the Scottish Ministers/Transport Scotland, (including their legal representatives/agents etc) pertaining to the access to the piece of land, known as Valve 14, owned in the first instance by BP and currently by INEOS FPS Ltd, located to the south of the A90 at Kinfauns, Perth, Scotland.
 
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.
 
I enclose a copy of the information relevant to your request, as available to us and in the format you requested.

Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held). The Scottish Government is not required to provide information which it does not have. The Scottish Government does not hold some of the information you have requested because some of the information requested has been routinely destroyed in line with the Scottish Government’s records management policy.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. This exception is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.
The information withheld in the disclosed documents are personal signatures.
 
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