Information relating to Transport Scotland Extent of Unit document: EIR release
- Published
- 11 August 2021
- Topic
- Public sector, Transport
- FOI reference
- FOI/202100224032
- Date received
- 16 July 2021
- Date responded
- 11 August 2021
Information request and response under the Environmental Information (Scotland) Regulations 2004
Information requested
A copy of the document referred to in Annex I: Transport Scotland's Extent of Unit document. I would be grateful if you could also provide the latest version if there has been any revisions since the date of the FOI request.
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 document referred to in Annex I: Transport Scotland's Extent of Unit document is available from the Scottish Governments website at Annex I from FOI/17/01225: FOI release - gov.scot (www.gov.scot). Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format.
An exception under regulation 10(4)(d) of the EIRs (unfinished or incomplete information) applies to some of the information you have requested because the latest revisions to the Extent of Unit document are is still in the course of completion and are unfinished documents.
This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release as part of open, transparent and accountable government. However, this is outweighed by the public interest in ensuring that unfinished or incomplete information which is still being worked on is not disclosed when it might misinform the public. We expect that the information you have requested will be completed by then end of this year, so you may wish to make a fresh request for it at that time.
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
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