Environmental Information (Scotland) Regulations 2004
The Environmental Information (Scotland) Regulations
2004 apply to Scottish Public Authorities and give the public
rights to see information related to the environment. There
are two main requirements:
- Environmental information should be made available on
request
- Certain types of environmental information should be actively
disseminated
The Regulations are governed by the Scottish Information
Commissioner, who is also responsible for the Freedom of
Information (Scotland) Act 2002. A guidance note comparing
the two pieces of legislation is available on the
Commissioner's
website.
Definition of Environmental Information
"Environmental Information" can be defined as recorded information
in any form in any of the following areas:
- The state of elements of the environment and their interaction
(air, water, soil, land and landscape, natural sites, flora and
fauna)
- Discharges, emissions, noise, radiation, waste
- Measures and activities affecting the environment (e.g.
policies, legislation, plans, activities)
- Reports on implementation of environmental legislation
- Cost benefit and economic analysis
- Effects of the environment on conditions of human life
(including flood, buildings)
Environmental Information and Perth and Kinross Council
The Council has combined the procedure for responding to requests
for Environmental Information with the procedure for requests made
under the Freedom of Information (Scotland) Act 2002. All
requests for information under the Environmental Information
Regulations should be made to the Freedom of Information Team using
the contact details below:
Freedom of Information Team
Perth & Kinross Council
2 High Street
Perth PH1 5PH
Tel: 01738 477933
Fax: 01738 477939
Email:
foi@pkc.gov.uk
When you make a request for information, you do not need to specify
if it is a FOI request or an EIRs request. It is our responsibility
to understand how the legislation works and to decide how we are
going to release the information you have requested. It is also our
responsibility to explain the decisions we make.
If a request for information is covered by the definition of
environmental information, it is subject to an exemption under the
Freedom of Information (Scotland) Act 2002 (FOISA). Section 39(2)
of FOISA effectively exempts all environmental information from
disclosure requiring instead that it is considered under the EIRs.
In applying the exemption in section 39(2), we are required to
consider the public interest in withholding the information. This
is normally done by considering whether more or less information
would be released under FOISA or under the EIRs. If the same
information would be withheld under both regimes then the
information should be considered under the EIRs.
More detailed information about the EIRs is available on the
Scottish Information Commissioner’s website at
http://www.itspublicknowledge.info/Law/EIRs/EIRs.asp
