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EIR Fees

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The Ferret Media Ltd

Dear North Lanarkshire Council,

Since the charging policy for environmental information requests (EIR)s was brought in, please share the following data, broken down by year:

The number of EIRs received

The number of EIRs responded to after the fee was paid

The total amount of fees received in each year.

Please provide details of the council’s EIR charging policy, or provide a link if it is publicly available.

This should include the cost/time threshold for which fees are charged (e.g. No fees charged where information costs £100 or less to provide) and how the costs are calculated.

Yours faithfully,

Jamie Mann

Jacqueline Keachie, North Lanarkshire Council

Dear Sir/Madam

I acknowledge receipt of your email which is receiving attention.

I shall contact you again when I am in a position to respond more fully to your request.

Yours faithfully.

Jacqueline Keachie
For Freedom of Information Co-ordinator
North Lanarkshire Council
Contact by email

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Angelene Kirkpatrick, North Lanarkshire Council

Dear Mr Mann

Request for Information

 

I refer again to your e-mail of 5 January 2023 seeking information in
relation to environmental information requests (EIRs).

 

Having investigated, I can advise that the information sought regarding
the number of EIRs received is publicly available from the Scottish
Information Commissioners (SIC) Statistics portal and as you may know,
Section 25 of the Freedom of Information (Scotland) Act 2002 provides an
absolute exemption for information that is already accessible.  For ease
of reference the relevant link to the portal is set out below.

 

The SIC’s portal also provides data on the number of times a fee notice
was issued and paid. However, the portal does not hold information on the
total amount of fees received in a year.  As you can see from the portal,
North Lanarkshire Council rarely issues a fee notice for EIR requests and
has not done so since 2014/15 where 2 appear to have been paid.  Due to
the length of time that has elapsed, records are no longer held on the
amounts received and, in terms of Section 17 of the Freedom of Information
(Scotland) Act 2002, I must advise you of this.

 

Information on the Council’s EIR charging policy is also publicly
available in our Guide to Information, the link to which is also set out
below.

 

[1]https://www.itspublicknowledge.info/stat...

 

[2]FOI Guide to Information - Model Publication Scheme (Nov 2021) -
accessible version.docx (live.com)

 

I can advise that North Lanarkshire Council, having regard to the
provisions of Section 21 of the Freedom of Information (Scotland) Act
2002, has established a procedure whereby any person who has requested
information and is in any way dissatisfied with the decision on that
request, can within forty working days require a review of that decision
by writing to the Chief Officer of Legal and Democratic, Civic Centre,
Windmillhill Street, Motherwell ML1 1AB.  Accordingly, if you are
dissatisfied with this decision and seek such review please write to the
Chief Officer of Legal and Democratic.

 

I would advise, also, that in terms of Section 47 of the Act a person who
is dissatisfied with a notice given by the local authority under Section
21 of the Act - ie. a notice following a review of a decision by a local
authority, or by the failure of a local authority to give such a notice -
may make application to the Scottish Information Commissioner for a
decision as to whether, in any respect specified in that application, the
request for information to which the requirement relates has been dealt
with in accordance with the Act.  Such an application must be made within
six months of the review decision and be in writing or in another form
which, by reason of it having some permanency is capable of being used for
subsequent reference. The application must state the name of the applicant
and provide an address for correspondence. The application must also
specify the request for information to which the requirement for review
relates, the matter which gave rise to the applicant’s dissatisfaction
with the original decision of the local authority and the matter which
gives rise to the applicant’s dissatisfaction with the decision on review
by the local authority or the failure of the local authority to issue such
a decision.  The Scottish Information Commissioner can be contacted as
follows:-

 

Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St. Andrews

KY16 9DS

email: [3][email address]

 

Appeals to the Scottish Information Commissioner can also be made online
via the following link: -

 

[4]www.itspublicknowledge.info/Appeal

 

I hope this information is sufficient for your purpose.  If, however, you
require further information – or I can assist in any other way – please
let me know.

 

Yours sincerely

 

Angelene Kirkpatrick

For Freedom of Information Co-ordinator

North Lanarkshire Council

Civic Centre

Windmillhill Street

Motherwell

ML1 1AB

 

Working from home

Please contact via email

 

 

 

 

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