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Transferring Requests for Information
41. Scottish public authorities have a duty under regulation 14 when they do not hold information requested but believe that another authority does, or may, hold it. In these cases the authority receiving the request must either:-
(a) transfer the request to the other authority; or
(b) supply the applicant with the name and address of that other authority
taking account of the applicant's preference to (a) or (b) above.
42. A request can be transferred only where a Scottish public authority receives a request for environmental information that it does not itself hold and which is not held by any other person on its behalf. If a Scottish public authority holds some of the information requested, a transfer can be made only in respect of the information it does not hold but is held by another public authority.
43. Scottish public authorities should bear in mind that "holding" environmental information under the EISRs includes holding a copy of a record produced or supplied by another person or body and (unlike FOISA) includes holding information on behalf of another person or body. Special provisions apply to the National Archives of Scotland under regulation 15.
44. The Scottish public authority receiving the initial request must always deal with it in accordance with the EISRs in respect of the information it holds which relates to the request. The authority should also advise the applicant whether it holds part or all of the requested information. But before doing this, the authority must be certain as to the extent of the information relating to the request that it holds itself.
45. If the Scottish public authority to whom the initial request was made believes that some or all of the information requested is held by another Scottish public authority, the authority should consider what would be the most helpful and expeditious way of assisting the applicant with his or her request. In most cases this is likely to involve:
- contacting the applicant and informing him or her that the information requested may be held by another Scottish public authority;
- suggesting that the applicant re-applies to the authority which the original authority believes to hold the information;
- providing him or her with contact details for that authority;
- as needed, explaining to the applicant the difference (in identity and/or function) between itself and the authority that holds the information.
46. However, in some cases the Scottish public authority to whom the original request is made may consider it to be more appropriate to transfer the request to another authority in respect of the information which it does not hold. In such cases, the Scottish public authority should always consult with the other authority with a view to ascertaining whether it does hold the information and, if so, consider whether it should transfer the request to it. A request or part of a request should not be transferred if there is any reason to doubt that the second authority holds the information. When consulting a second authority the identity of the person requesting the information should not be disclosed unless/until that person has agreed to this (as in paragraph 45 below).
47. Before transferring a request for information to another authority, the Scottish public authority should:
- consider whether the transfer is appropriate, and if so;
- ascertain if the applicant is content for the request to be transferred.
The Scottish public authority has a duty either to transfer the request or to give contact details to allow the applicant to apply to the other authority. The first authority should transfer the request to another authority only with the applicant's consent.
48. Where a request or part of a request is transferred from one Scottish public authority to another, the receiving authority must comply with its obligations under the EISRs in the same way as it would for a request which is received direct from an applicant. The time for complying with such a request will be measured from the day after the receiving authority receives the request.
49. All transfers of requests should take place as soon as is practicable, and the applicant should be notified as soon as possible once this has been done by issuing a refusal letter under regulation 13.
50. Where a Scottish public authority is unable either to advise the applicant which public authority holds, or may hold, the requested information or to facilitate the transfer of the request to another authority (or considers it inappropriate to do so) it should consider what advice, if any, it can provide to the applicant to enable him or her to pursue his or her request. In this event the public authority should also issue a refusal letter in accordance with regulation 13. The refusal letter should explain that the public authority does not hold the information, and should include information on arrangements for review and appeal.
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