Applications refused under section 36 of the Electricity Act 1989: EIR release

Information requested

1. The number of applications for consent under section 36 of the Electricity Act 1989 Scottish Ministers have refused, where no public inquiry has taken place, and a list of these applications.

2. The number of applications for consent under section 37 of the Electricity Act 1989 have Scottish Ministers refused, where no public inquiry has taken place, and a list of these applications.

Response

I can confirm that the Scottish Government holds records from 2004 regarding determinations made under sections 36 and 37 of the Electricity Act 1989, and the answers to your questions are detailed below.

1. Five applications have been refused under section 36 of the Electricity Act 1989 where no public inquiry has taken place:

• Lewis Wind Farm
• Kyle Wind Farm
• Glencassley Wind Farm
• Sandy Knowe Wind Farm
• Sallachy Wind Farm

2. No applications have been refused under section 37 of the Electricity Act 1989 where no public inquiry has taken place.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested.

Therefore we are unable to complete part of your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained in the Annex to this letter.

ANNEX
REASONS FOR NOT PROVIDING INFORMATION

Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information you have requested prior to 2004 because it was routinely destroyed, in accordance with our standard records management practice.

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. While we recognise that there may be some public interest in information about Applications refused under sections 36 and 37 of the Electricity Act 1989 prior to 2002, clearly we cannot provide information which we do not hold.

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.