Correspondence regarding option fees relating to the ScotWind Leasing process: EIR release

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

Information requested

1. Please provide the advice received by Crown Estate Scotland and the Scottish Government which sets out why the option fees raised from the ScotWind Leasing process are being classified as revenue and not a capital item.

2. Please provide all briefings, correspondence, emails, letters, notes of meetings and telephone conversations, between Crown Estate Scotland officials and Scottish Government officials regarding option fees relating to the ScotWind Leasing process.


Point 1 above:
With regard to point 1 above relating to advice received on option fee classification, for ease we have broken this down into two parts. Point 1a. refers to Crown Estate Scotland and Point 1b. refers to the Scottish Government.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested for either point 1a or point 1b. Therefore we are refusing your requests under the exception at regulation 10(4)(a) of the EIRs. The reasons why this exception applies is explained in the Annex to this letter.

However, as specified in my correspondence to you dated 14 April 2022, you may wish to contact Crown Estate Scotland directly for these parts of your request.

For Freedom of Information requests please email:
Call 0131 260 6070 or write to: Crown Estate Scotland, Quartermile Two, 2nd Floor, 2 Lister Square, Edinburgh, EH3 9GL.

Point 2 above:
I enclose a copy of some 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 exceptions under regulations 11(2) (personal information), 10(4)(d) (material in the course of completion), 10(4)(e) (internal communications) and 10(5)(e) (substantial prejudice to confidentiality of commercial information) of the EIRs applies to that information. The reasons why these exceptions apply are explained in the Annex to this letter.

In the interests of being helpful to your questions below is a link to information that is available online.

Financial analysis undertaken regarding ScotWind auction: EIR release:

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. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

About FOI

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

FOI 202200292885 - 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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