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Introduction to the Code of Practice
1. This Code describes the practice which it would, in the opinion of Scottish Ministers, be desirable for Scottish Public Authorities to follow in connection with the discharge of their functions under the Environmental Information (Scotland) Regulations 2004 ( EISRs). The EISRs update an existing access to environmental information regime, which had been in place throughout the UK since 1992.
2. The Code applies when a request is made for 'environmental information' and is dealt with under EISRs. Requests for other information may be dealt with more appropriately under other legislation, such as the Freedom of Information (Scotland) Act 2002 ( FOISA) or the Data Protection Act 1998 ( DPA) and those requests should be handled in accordance with the relevant legislation.
3. This Code of Practice aims to:
- facilitate the making available of information under the EISRs by setting out best administrative practice that it is desirable for Scottish public authorities to follow when handling requests for information.
- set out best practice in active dissemination of environmental information;
- protect the interests of applicants by setting out standards for the provision of advice and assistance that should be followed as a matter of good practice;
- encourage the development of effective review procedures for decisions taken under the EISRs
- ensure that rights of third parties are considered and that Scottish public authorities consider the implications for access to environmental information before agreeing to confidentiality provisions in contracts and accepting information in confidence from a third party.
4. The statutory requirements are contained in the EISRs and Scottish public authorities must comply with these provisions at all times. Authorities should seek legal advice as necessary in relation to their role in implementing the Regulations in individual cases. This Code of Practice is a formal statement of expected practice of Scottish public authorities in implementing the EISRs. Although Scottish Ministers use the power of regulation 18(1) of the EISRs to issue the Code, the provisions of the Code are not legislation. However, Scottish public authorities are expected to adhere to the Code unless there are good reasons, capable of being justified to the Scottish Information Commissioner, that would make it inappropriate to do so. The Commissioner will promote good practice in terms of the Code, as in paragraph 7 below.
5. Scottish public authorities may refer also to the Scottish Executive's "Guidance for Scottish public authorities and interested parties on the implementation of the EISRs", which gives more discussion in detail, and to any guidance issued by the Scottish Information Commissioner.
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