Designated bathing water status Wardie beach Edinburgh: EIR release

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

Information requested

1. Copies of all paperwork submitted to SEPA and to the bathing water designation review panel during the determination process,

2. Correspondence with any parties during the determination process.

3. A copy of the report sent to Scottish Ministers including any recommendations,

4. A copy of any subsequent correspondence, minutes/notes of meetings or discussion with any bodies involved in the determination including follow on discussion with any consultees or bodies making representation.


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.

Attached is a copy of some of the information requested. 

While our aim is to provide information whenever possible, in this instance some of the information you have requested is being withheld because an exception under regulation 10(4) (e) (internal communications) of the EIRs applies to that information. This exception applies to enable free and open communications between officials and Ministers.

About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at

FOI202100228360 - Information released


Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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