Contracts for Difference (CfD) Allocation Round 5 auction 2: EIR release

Information requested

All correspondence between the Scottish Government (including Ministers, Civil Servants, Special Advisers, and Press Officers) and representatives from industry or academia, which mentions the Contracts for Difference (CfD) Allocation Round 5 auction, from 1st September 2022 - date.

Response

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

Response to your request

I enclose a copy of some of the information you requested.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exceptions under regulations 11 and 10(5)(f) of the EIRs apply to that information. The reasons why the exceptions apply are explained in the Annex to this letter.

Annex

An exception applies

An exception under regulation 11 (personal data) of the EIRs applies to some of the information you have requested. This includes personal data such as references to identifiers like names or specific email addresses.

Regulation 11 is an absolute or category exception and is not subject to a public interest test.

An exception applies

An exception under regulation 10(5)(f) (third party interests) of the EIRs applies to some of the information you have requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the interests of organisations who provided that information to the Scottish Government. They:

• Were not under any legal obligation to give us that information;
• Did not supply it in circumstances in which it could, apart from the EIRs, be made available; and
• Have not consented to disclosure

This exception is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, 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.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

FOI 202300375390 - Information Released - documents

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