International relations, defence, national security and public safety -Regulation 10(5)(a)

The main points

  • Regulation 10(5)(a) of the Environmental Information (Scotland) Regulations 2004 (the EIRs) allows a Scottish public authority to refuse to disclose environmental information, where its disclosure would, or would be likely to, cause substantial prejudice to one or more of the following:
    • international relations
    • defence
    • national security
    • public safety.
  • In common with other exceptions in the EIRs:
    • the exception is subject to the public interest test in regulation 10(1) of the EIRs.This means that, even if the exception applies, the information should still be disclosed if the public interest in making the information available is outweighed by the public interest in maintaining the exception.
    • the exception can be relied on regardless of the age of the information.

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EIR Briefing - Regulation 10(5)(a): International relations, defence, etc.

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