Correspondence related to small-scale hydro power and the Subsidy Control Act: EIR release

Information requested

1. Copies of all correspondence between ministers, government officials and non-domestic rates assessors related to small-scale hydro power and the Subsidy Control Act.

2. All correspondence with the Department for Business and Trade relating to the Subsidy Control Act and how it is applied or otherwise to small-scale hydro projects.

3. All correspondence relating to small-scale hydro with the subsidy advice unit (SAU) within the Competition and Markets Authority.

4. Any advice received from either a) the UK Government or b) the Competition and Markets Authority with regard to subsidy controls in the energy market.

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, but will instead deal with it under the EIRs.

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.

I enclose a copy of some of the information you requested in relation to question 4. 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 an exception under regulation 11(2) (personal information) of the EIRs applies to that information. The reasons why that exception applies are explained in the Annex to this letter. In relation to question 4, we have assumed that your request relates to “subsidy controls” as set out by the Subsidy Control Act 2022.

In relation to questions 1 and 3, the Scottish Government does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained in the Annex to this letter.

In relation to question 2, the information you have requested is available from the Scottish Government’s website in relation to a previous Freedom of Information Request, released as document 6 in that request. The previous request can be accessed at https://www.gov.scot/publications/foi-202200284309/. 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 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 https://www.gov.scot/foi-responses.

EIR 202500469533 - Information Released - Annex

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