Publication - FOI/EIR release

Correspondence relating to the Fireworks (Scotland) Amendment Regulations 2021: FOI release

Published: 27 Apr 2021

Information request and response under the Freedom of Information (Scotland) Act 2002

Published:
27 Apr 2021
Correspondence relating to the Fireworks (Scotland) Amendment Regulations 2021: FOI release
FOI reference: FOI/202100163098
Date received: 16 Feb 2021
Date responded: 22 Mar 2021
Information requested

The Business and Regulatory Impact Assessment states that the Scottish Government consulted with various stake holders in respect of this instrument. In light of the industry and public interest in this matter, we would request the following:-

1. Copies of correspondence (written and email) regarding this proposed legislation, between the Scottish Government and the Health & Safety Executive (as required under the Fireworks Act 2003).

2. Copies of correspondence (written and email) regarding this proposed legislation, between the Scottish Government and the Department for Business, Energy & Industrial Strategy (BEIS), (as required under the Fireworks Act 2003).

Response

With regard to the first part of your request, attached is a copy of most of the information you requested. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under section 38(1)(b) (Personal Information) applies to that information and under section 38(1)(b) of FOISA applies to some of the information you have requested because it is personal data of a third party. The reasons why those exemptions apply are explained in Annex A.

With regard to the second part of your request while our aim is to provide information wherever possible, in this instance the Scottish Government does not have the information you have requested. The reasons why we don’t have the information are explained in Annex A.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Annex A
The Scottish Government does not have the information

The Scottish Government does not have the information you have asked for in relation to the second part of your request because the Scottish Government did not have an obligation under the Fireworks 2003 Act to consult with Department for Business, Energy & Industrial Strategy (BEIS) on the regulations within The Fireworks (Scotland) Amendment Regulations 2021 other than informing them of the regulations being laid.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

An exemption applies
An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested because it is personal data of a third party, i.e. names and contact details of individuals, and
disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018.

This exemption 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 exemption.

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.

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