Transport Scotland - Local Government (St. Margaret's Hope Pier Order Adaptation) Order 1930: EIR release

Information requested

(1) The Trust's annual accounts from 2020 through 2025.
(2) The plans which are annexed to the 1902 Act.
(3) The Local Government (St. Margaret's Hope Pier Order Adaptation) Order 1930.
(4) The current, acting trustees of the Trust, details of their appointment and the period of their appointment.
(5) The “electors” relative to the election of members of the Trust.
(6) Any lease agreements between the Trust and any third parties, including any agreements between the Trust and the Crown, or information regarding any informal lease arrangements.
(7) All current applications in respect of statutory consents for the Works (including, where relevant, planning permission, marine licence and Harbour Revision Order).
(8) The Orkney Islands Council report on the constitutional requirement to appoint members of the Council as trustees to the Trust, confirmation that Orkney Islands Council no longer make such appointments, and the supporting Committee report.
(9) Any other information relating to the harbour at St Margaret’s Hope or to the Trust, including:
(a) details of any pre‑application discussions between Transport Scotland and the Trust prior to the Trust’s compulsory purchase order application;
(b) any auditors’ reports relating to the Trust; and
(c) details of any complaints of non‑compliance or otherwise received in relation to the Trust.

Response

While our aim is to provide information whenever possible, the EIRs recognise that, in certain circumstances, a public authority may be unable to provide information or may withhold information where a relevant exception applies. Each part of your request has therefore been considered individually in accordance with the Regulations.

Under regulation 10(4)(a) of the EIRs, a Scottish public authority is not required to make environmental information available where it does not hold that information.

The Scottish Government does not hold the information requested in respect of items (1), (2), (4), (5), (6), (8), (9)(b) and (9)(c). These items relate to the internal administration, governance arrangements or operational matters of St Margaret’s Hope Pier Trust, and such information is not held by the Scottish Government. Accordingly, you may wish to contact the Trust directly in relation to these matters.

In relation to item (1), the Scottish Government does not hold the specific accounts requested.

Item (8) is also exempted under regulation 10(4)(a), as the information requested relates to the internal constitutional and governance arrangements of Orkney Islands Council. You may therefore wish to contact Orkney Islands Council directly regarding this information.

For item (7), most of the information requested in relation to current marine licensing and the proposed Harbour Revision Order, is excepted from disclosure under regulation 10(4)(d) of the EIRs, which applies to information in the course of completion. However, the screening request for a marine licence and the opinion has been published on the Marine Directorate website.

These applications form part of live statutory and regulatory processes and remain under active consideration. Disclosure at this stage would provide an incomplete picture of the decision‑making process.

The public interest has been considered. While there is a general public interest in transparency, this is outweighed in this case by the strong public interest in allowing statutory processes to be concluded properly and without the premature disclosure of incomplete information. The relevant information will be publicly available once these processes have been completed. Any formal application for a Harbour Revision Order will include a statutory 42 day public consultation period, where any relevant documentation and information will be available for consideration.

Regarding item (9)(a), information relating to pre‑application discussions is exempted from disclosure under regulation 10(4)(e) of the EIRs, which relates to internal communications.

In addition, where such information was provided voluntarily by the Trust and not under any statutory obligation, its disclosure would prejudice the interests of the Trust. The information is therefore also excepted under regulation 10(5)(f) of the EIRs.

The public interest test has been applied. While there is an interest in openness and accountability, there is a stronger public interest in ensuring that public authorities and applicants are able to engage in full, frank and confidential discussions during live statutory, regulatory and land acquisition processes. Disclosure at this stage would undermine that process.

A copy of the Local Government (St. Margaret's Hope Pier Order Adaptation) Order 1930, requested at item (3), is enclosed with this response.

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 202600515093 - Information Released - Annex

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