Correspondence and information regarding Midlothian Council’s application to Scottish Government Recycling Improvement Fund (RIF): EIR release

Information requested

I am writing to submit a new request under the Environmental Information (Scotland) Regulations 2004.

This request follows the Scottish Government's response to my earlier request, reference 202600512764, dated 24 April 2026. The documents provided in that response have raised specific questions which are the subject of this new request.

Documents disclosed in that response reveal the following. A Zero Waste Scotland email dated 5 July 2024 states that Midlothian Council had pulled the procurement for software required to run incab technology hardware purchased under RIF-34, that the hardware was not in use, and that Zero Waste Scotland recommended the Scottish Government consider requesting return of those funds. A subsequent email dated 2 October 2024 confirms that Midlothian wished to donate the unused equipment to charity and was aware the Scottish Government may request repayment.

Additionally, the ministerial submission dated 5 October 2023 recommended approval of £2,477,612 for Midlothian under RIF-85. The minister approved this figure. However the actual grant awarded was £2,322,042, a difference of £155,570. A Zero Waste Scotland email from September 2024 queried this discrepancy, noting the Assessment Panel had recommended the lower figure because some costs were out of scope. No document provided in response to 202600512764 resolves this.

Please provide:
1. All correspondence, decisions, or internal records held by the Scottish Government relating to the unused in-cab technology equipment purchased under RIF-34, including whether a decision was made to request repayment, whether any repayment was made by Midlothian Council, and the current status of the equipment.
2. Confirmation of the final grant amount actually paid to Midlothian Council under RIF-85, and any documents explaining the difference between the ministerially approved figure of £2,477,612 and the figure of £2,322,042 referenced in subsequent correspondence.
3. Any correspondence or decisions relating to the additional funding request from Midlothian Council referenced in the Zero Waste Scotland email of 10 March 2026, including whether that request was approved, refused, or remains outstanding.
4. Any grant contract or funding agreement between the Scottish Government or Zero Waste Scotland and Midlothian Council under RIF-85, including all conditions, milestones, and reporting requirements.
5. Any correspondence between the Scottish Government and Midlothian Council or Zer Waste Scotland regarding Midlothian Council's compliance with, or failure to meet, any conditions, milestones, or reporting requirements attached to any RIF grant awarded to Midlothian Council.

Response

Questions 1, 3 & 5

I have included copies of the information you have requested in the attached Annex (B).

On reviewing materials within the scope of your request, exceptions have been applied in line with the EIRs. The exceptions applied can be found in the attached Annex (A).

Question 2

As part of our response of 24 April 2026 to your previous EIR request of 26 March 2026 (202600512764), we provided information contained in Annex B of said response, specifically the email exchange dated 24 September 2024, confirming that the RIF Assessment Panel’s recommendation was for the lower figure of £2,322,042 due to a number of costs being out of scope of RIF-85.

I also wish to highlight that the submission provided within Annex A of our previous response included the higher figure of £2,477,612, however this was used in error and should have used the adjusted figure of £2,322,042. The then Minister for Green Skills, Circular Economy and Biodiversity, Lorna Slater, agreed the recommendations of the RIF Board which was for the lower, adjusted figure. A confirmation of this was also provided within Annex B of our previous response, specifically the email of 5 October 2023.

Question 4

While our aim is to provide information whenever possible, in this instance the Scottish Government does not hold the specific information you have requested as we do not hold a copy of any grant contract or funding agreement between the Scottish Government or Zero Waste Scotland and Midlothian Council under RIF-85 which includes all conditions, milestones, and reporting requirements.

Therefore, with respect to your request this is a formal notice under Regulation 10(4)(a) of the EIRs confirming that the Scottish Government does not hold this information.

It may help if I explain that as part of the response to your request we have conducted a search of the Scottish Government’s main records filing system and have been unable to locate the information requested. I would also note that a search request was submitted to Scottish Government Officials which also resulted in no information being identified that would be within the scope of your request.

You may wish to submit a request to either Midlothian Council and/or Zero Waste Scotland as they may be able to provide the information you are seeking.

This exception is subject to the ‘public interest test’. It is important to note that although we do not hold the information and have applied Regulation 10(4)(a) – information not held, it is a requirement that we have to apply the public interest test. Therefore, 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 information about the Recycling Improvement Fund, clearly we cannot provide information which we do not hold.

Wider guidance on the Environmental Information regime can be found in the Key Concepts section under ‘Information Not Held’ and ‘The Public Interest Test’ in the attached Scottish Information Commissioner Briefings and Guidance document. Further guidance on the public interest test can also be found on page 8 of the Scottish Information Commissioner guidance.

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 202600515472 - Information Released - Annex A

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EIR 202600515472 - Information Released - Annex B

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