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Decision Summary

  • Case Ref: FS50187763
  • Date: 30 March 2009
  • Public Authority: Forestry Commission Scotland
  • Summary: The complainant requested information from the Forestry Commission Scotland (FCS) in relation to the provision of Mountain Biking Trails in the Carron Valley. The FCS refused to disclose the information or to confirm or deny if the information is held, citing section 14 of the Act ‘vexatious requests’ and 12 ‘cost limit’. The Commissioner has investigated and found that sections 14(1) and 12(1) of the Act are not engaged. However he found that some of the information requested would, if held be environmental information and should have been considered under the Environmental Information Regulations. The FCS applied regulation 12(4) (b), ‘manifestly unreasonable’, to this request as an alternative. The Commissioner concluded that 12(4) (b) was not engaged. The Commissioner requires that the FCS now confirm or deny to the complainant if the information requested is held and if held disclose this information to the complainant or issue the complainant with a valid refusal notice under section 17(1) of the Act or regulation 14 of the EIR. The FCS must take these steps within 35 calendar days of this notice.
  • View PDF of Decision Notice: [1]