“Please can you supply the following, (broken down by month since applications via Zero Waste Scotland opened):
1. The number of deposit return scheme proximity exemption applications a) received, b) accepted or c)declined.
2. The number of deposit return scheme environmental health exemption applications a) received, b) accepted or c)declined.
3. The number of deposit return scheme voluntary return point applications a) received, b) accepted or c)declined.”
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.
Response to your request
Question 1 & 2:
I am pleased to attach a response to your request in Annex A. This includes data relating to applications on proximity and environmental health exemptions up to 24 February 2023.
You may also wish to note that a list of retailers who have been granted an exemption by Scottish Ministers can be found on Zero Waste Scotland website.
While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the information you have requested. Therefore, this is a formal notice under Regulation 10(4)(a) of EIRs confirming that the Scottish Government does not hold this information.
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. While we recognise that there may be some public interest in releasing information on the number of applications for a voluntary return point as part of an open, accountable and transparent government, the Scottish Government cannot provide information which we do not hold.
In this instance you may wish to contact Zero Waste Scotland directly regarding your request. I have included contact information below for your convenience:
- Zero Waste Scotland Limited Registered in Scotland (SC436030) Ground Floor, Moray House Forthside Way Stirling FK8 1QZ Office: 01786 433 930
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.
- File type
- 1 page PDF
- File size
- 21.4 kB
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrews House
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