Dear requestor

Thank you for your request for information under the Freedom of Information (Scotland) Act 2002 (the “Act”). This was received by the University on the 8th of October 2021.

It is unclear from your message who is making the request for information, as the name at the end of the message does not match the email address of the sender. In Glasgow City Council and Dundee City Council v Scottish Information Commissioner [2009] CSIH 73, the Court of Sessions ruled an application to be invalid on the grounds that the ‘true applicant’ had not been stated. Please could you clarify the identity of the applicant? We also note that an identical request (attached) has been sent but with a different email address used.

Please note, your request will not be processed further until we hear from you.

Your right to seek a review:

if you are dissatisfied with the way in which the University has dealt with your request, you have the right to ask us to review our actions and decisions. If you wish to request a review, please contact the University Secretary at Abertay University, Bell Street, Dundee DD1 1HG, email [email address], within 40 working days. Your request must be in a recordable format (letter, email, audio tape, etc). You will receive a response to your request for review within 20 working days of its receipt.

If you are dissatisfied within the way in which the University has handled your request for review, you have a right of appeal to the Commissioner. You can now make an appeal online, using the new Commissioner’s Online Appeal Service. Please find a direct link to this service at www.itspublicknowledge.info/appeal. The online appeal service is available 24/7 and offers you real time help and advice about your appeal.

The Commissioner recommends that you appeal online. Other ways to appeal include:-

• by email: [email address]

• by post: Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, KY16 9DS

Kind regards,

FOI Processing
Abertay University

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Dear Gemma Andrews

I refer to previous correspondence regarding your information request which is ‘on hold’ and the advice previously sent to you about the clarification requested, in respect of which the University has not received a reply.

Under section 1(3) of FOISA, a public authority is not obliged to give the requested information until it has received the clarification sought. Similarly, under regulation 10(4)(c) of the Environmental Information (Scotland) Regulations 2004, the request may be refused if it is formulated in too general a matter and the public authority has complied with its duty to provide advice and assistance.

In terms of the Scottish Ministers’ Code of Practice on the Discharge of Functions by Scottish Public Authorities under the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004, this is a reminder that until you have provided the clarification previously requested, the University is unable to progress your information request any further and that in the absence of this, in due course it will be closed.

The Code of Practice referred to above provides that:

“The statutory 20 working-day deadline for responding to a request will not start until clarification has then been received from the applicant.” [at para. 5.4.1]

If we have not received clarification from you within 40 working days of its being requested, your request will be considered to be closed: this is in terms of para. 5.5.3 of the Code of Practice mentioned above. If clarification has been received, but the information still cannot be identified and located, the University is not obliged to proceed with the request [at para. 5.5.1].

Yours sincerely

FOI Processing
Abertay University
Dundee

Appendix

Your right to seek a review of how your information request was managed:

If you are not satisfied with our response or our reasoning set out above, you have 40 working days in which to require a review of our decision. Any such request should be put in writing and should be sent to the University Secretary, Abertay University, at the address provided below. The request should:

(a) detail your request for a review of our decision to be undertaken
(b) describe the nature of your original request
(c) explain the reasons why you are dissatisfied with our response

University Secretary
Abertay University
Bell Street
Dundee
DD1 1HD
Tel (01382) 308016

E-mail: [email address]

If you remain dissatisfied with how your request for information has been dealt with, you also have the right, in terms of section 47 of FOISA, and within 6 months, to apply to the Scottish Information Commissioner for a decision as to whether we have handled your request properly.

Information relating to your right to seek review is available from the Scottish Information Commissioner's website:

http://www.itspublicknowledge.info

or by contacting the Scottish Information Commissioner's Office at the following address:

Scottish Information Commissioner,
Kinburn Castle,
Doubledykes Road, St Andrews,
Fife KY16 9DS

Telephone: 01334 464610

Fax: 01334 464611

E-mail: mailto:[email address]

Website: http://www.itspublicknowledge.info

Or via the SIC’s online appeals service:

http://www.itspublicknowledge.info/YourR...

If you are unhappy with the Commissioner’s decision, you also have the right to appeal further to the Court of Session, on a point of law only, under section 56 of FOISA. Please refer to the Commissioner’s website (details above) for further information about your right of appeal to the Court of Session.

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