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Information
24.- (1) For the purpose of the discharge of his functions under these Regulations, the Scottish Ministers may require SEPA, by notice served on it, to furnish such information about the discharge of its functions under these Regulations as they may require.
(2) For the purposes of the discharge of their functions under these Regulations, the Scottish Ministers or SEPA may, by notice served on any person, require that person to furnish such information as is specified in the notice, in such form and within such period following service of the notice or at such time as is so specified.
(3) For the purposes of this regulation, the discharge by the Scottish Ministers of an obligation of the United Kingdom under the Community Treaties or any international agreement relating to the environment shall be treated as a function of theirs under these Regulations and the compilation of an inventory of emissions (whether or not from installations) shall be treated as a function of the SEPA under these Regulations.
(4) The information which a person may be required to furnish under paragraph (2) shall include information which, although it is not in the possession of that person or would not otherwise come into the possession of that person, is information which it is reasonable to require that person to gather or otherwise obtain.
Public register of information
25.- (1) Subject to regulations 26 and 27 and to paragraphs 2 to 4 of Schedule 9, it shall be the duty of SEPA, to maintain a register containing the particulars described in paragraph 1 of that Schedule.
(2) Where, by virtue of regulation 27, information of any description is excluded from the register maintained by SEPA under this regulation, a statement shall be entered in the register indicating the existence of information of that description.
(3) It shall be the duty of SEPA -
(a) to secure that the register maintained by it under this regulation is available, at all reasonable times, for inspection by the public free of charge; and
(b) to afford to members of the public facilities for obtaining copies of entries, on payment of reasonable charges.
(4) The register maintained by SEPA under this regulation may be kept in any form.
(5) Schedule 9 shall have effect in relation to the register maintained by SEPA under this regulation.
Exclusion from the register of information affecting national security
26.- (1) No information shall be included in the register maintained by SEPA under regulation 25 if and so long as, in the opinion of the Scottish Ministers, the inclusion in the register of that information, or information of that description, would be contrary to the interests of national security.
(2) The Scottish Ministers may, for the purpose of securing the exclusion from the register of information to which paragraph (1) applies, give to SEPA directions -
(a) specifying information, or descriptions of information, to be excluded from that register; or
(b) specifying descriptions of information to be referred to the Scottish Ministers for their determination,
and no information referred to the Scottish Ministers in pursuance of sub-paragraph (b) shall be included in the register until the Scottish Ministers determine that it should be so included.
(3) SEPA shall notify the Secretary of State and the Scottish Ministers of any information it excludes from the register in pursuance of directions under paragraph (2).
(4) A person may, as respects any information which appears to him to be information to which paragraph (1) may apply, give a notice to the Scottish Ministers specifying the information and indicating its apparent nature; and, if he does so -
(a) he shall notify SEPA that he has done so; and
(b) no information so notified to the Scottish Ministers shall be included in the register until the Scottish Ministers have determined that it should be so included.
(5) Before exercising any of the functions conferred by this regulation, the Scottish Ministers shall consult the Secretary of State.]
Exclusion from the register of certain confidential information
27.- (1) No information relating to the affairs of any individual or business shall be included in the register maintained by SEPA under regulation 25, without the consent of that individual or the person for the time being carrying on that business, if and so long as the information-
(a) is, in relation to him, commercially confidential; and
(b) is not required to be included in the register in pursuance of a direction under paragraph (8),
but information is not commercially confidential for the purposes of this regulation unless it is determined under this regulation to be so by SEPA or, on appeal, by the Scottish Ministers.
(2) Where information is furnished to SEPA for the purpose of these Regulations, the person furnishing it may apply to SEPA to have the information excluded from the register on the ground that it is commercially confidential (as regards himself or another person) and SEPA shall determine whether the information is or is not commercially confidential.
(3) Notice of determination under paragraph (2) must be given to the applicant within the period of 28 days beginning with the date of the application and if SEPA fails to give such notice within that period it shall be treated as having determined that the information is commercially confidential.
(4) Where it appears to SEPA that any information (other than information which is the subject of an application under paragraph (2)) which has been obtained by it under or by virtue of any provision of these Regulations might be commercially confidential, SEPA shall-
(a) give to the person to whom or whose business it relates notice that that information is required to be included in the register, unless excluded under this regulation; and
(b) give that person a reasonable opportunity-
(i) of objecting to the inclusion of the information on the ground that it is commercially confidential; and
(ii) of making representations to SEPA for the purpose of justifying any such objection,
and, if any representations are made, SEPA shall, having taken the representations into account, give that person notice of its determination as to whether the information is or is not commercially confidential.
(5) Where, under paragraph (2) or (4), SEPA determines that information is not commercially confidential-
(a) the information shall not be entered in the register until the end of the period of 21 days beginning with the date on which the determination is notified to the person concerned;
(b) that person may, before the end of that period, appeal to the Scottish Ministers against the decision,
and, where an appeal is brought in respect of any information, the information shall not be entered in the register until the end of the period of seven days following the day on which the appeal is finally determined or is withdrawn.
(6) A person who wishes to appeal to the Scottish Ministers under paragraph (5) shall give to the Scottish Ministers written notice of the appeal together with a statement of the grounds of appeal and a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be disposed of by way of written representations and shall, at the same time, send to SEPA a copy of that notice together with those statements.
(7) Before giving notice of their determination of an appeal under paragraph (5), the Scottish Ministers may afford the appellant and SEPA an opportunity of appearing before and being heard by a person appointed by them and they shall do so in any case where a request is duly made by the appellant or SEPA to be so heard.
(8) The Scottish Ministers may give to SEPA directions as to specified information, or descriptions of information, which the public interest requires to be included in the register maintained by it under regulation 25, notwithstanding that the information may be commercially confidential.
(9) Information excluded from the register shall be treated as ceasing to be commercially confidential for the purposes of this regulation at the expiry of the period of four years beginning with the date of the determination by virtue of which it was excluded or at the expiry of such shorter period as may be specified in the notice of that determination for the purpose of this paragraph; but the person who furnished it may apply to the SEPA for the information to remain excluded from the register on the ground that it is still commercially confidential and SEPA shall determine whether or not that is the case.
(10) Paragraphs (5) to (7) shall apply in relation to a determination under paragraph (9) as they apply in relation to a determination under paragraph (2) or (4).
(11) Information is, for the purposes of any determination under this regulation, commercially confidential, in relation to any individual or other person, if its being contained in the register would prejudice, to an unreasonable degree, the commercial interests of that individual or other person.
(12) Paragraph (5) is subject to section 114 of the Environment Act 1995
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