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Charges
39. The EISRs do not require charges to be made, but Scottish public authorities have discretion to make a reasonable charge for environmental information. Authorities cannot charge if they are providing access to a public register or if the applicant examines available information in situ, for example, at the offices of the Scottish public authority or in a drop-in library provided by the authority. In those cases, access to the information should be free of charge. When making a charge, whether for information that is actively disseminated or provided on request, that charge must not exceed the cost of providing the information. The basis of charging - a price list for publications or cost per unit of work to be done - must be clearly set out in the authority's advertising/dissemination, including on the authority's website, and made available to the public. A Scottish public authority may levy a market-based charge for the information, for example, where a charge is sought in advance for priced publications. The issues of limits on fees described in paragraphs 31 & 32 above may be relevant in some cases.
40. Where payment in advance has been required, the period between notification and receipt of payment will be disregarded in determining the response time. The request will remain active for up to 60 working days from the date of notification. If no payment is received during that time the request lapses. When payment is received, the Scottish public authority should make the information available promptly and within the appropriate time limit.
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