Freedom of Information Request - Legal Advice on Schedule 1 Licence Condition
Date: 28 May 2025
Our ref: SIR180134/A5161898
Information Request – Legal Advice on Schedule 1 Licence Condition
Your Request
'Did you take legal advice before introducing this condition and if so can I please see the legal advice?'
Our Response
We have withheld the legal advice received from our legal advisors. This legal advice is covered by professional legal privilege, and, whilst we recognise that there is a presumption in favour of release of environmental information, in this instance, it should not take precedence when a public authority seeks formal legal advice. We are therefore withholding this information under EIRs Regulation 10(5)(d) Confidentiality of the proceedings of any public authority where such confidentiality is provided in law.
How We Handled Your Request
We believe you have asked for environmental information as defined in the Environmental Information (Scotland Regulations 2004 (‘the EIRs’), so we are dealing with your request under those regulations. To be able to use the EIRs, we must apply an exemption under section 39(2) of the Freedom of Information (Scotland) Act 2002 (‘FOISA’). The Scottish Information Commissioner’s guidance recommends that public authorities apply this exemption to environmental information and handle request under the EIRs.
If you would like to find out more about the access to information legislation, there is a guidance booklet available on the Scottish Information Commissioner’s website.
Review and Appeal
I hope this information meets your requirements, but if you are dissatisfied with how we have responded to your information request, please write to us within 40 working days explaining your concerns. You can contact us at Battleby, Redgorton, Perth, PH1 3EW or email us at [email protected]. We will carry out a review of our response and contact you with our findings within 20 working days.
If you are not satisfied following this, you can make an appeal to the Scottish Information Commissioner within 6 months. The Scottish Information Commissioner can be contacted at:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Yours sincerely
FOI Officer,
NatureScot
