Freedom of Information Publication Scheme

5.2 Most of the information in the archives is available for inspection by members of the public. These records are exempt from Freedom of Information access under section 25(2)(b)(ii) information otherwise accessible. Appendix A explains how to access information in the archives.

5.3 Some of the archives we hold on behalf of other Scottish public authorities are not made available for public inspection. Access to these records can be requested under FOISA.

6. Environmental Information Regulations
6.1 The Environmental Information (Scotland) Regulations 2004 oblige Scottish public authorities to organise and maintain the environmental information it holds so that it can be made available to the public.

6.2 Under the Environmental Information Regulations (EIR’s) public bodies have a duty to make available the following types of information:

a) texts of international treaties, conventions or agreements, and of Community, national, regional or local legislation, on the environment or relating to it;

b) policies, plans and programmes relating to the environment;

c) progress reports on the implementation of the items referred to in (a) and (b) above when prepared or held by a Scottish public authority in electronic form;

d) reports on the state of the environment;

e) data or summaries of date derived from the monitoring of activities that affect or are likely to affect the environment;

f) “authorisations” with a significant impact on the environment and environmental agreements or a reference to the place where such information can be requested or found;

g) environmental impact studies and risk assessments concerning air and atmosphere, water, soil, land, landscape and natural sites including wetlands, coastal and marine areas, biological diversity and its components, including genetically modified organisms, and the interaction among those elements;

h) facts and analyses of facts which the authority considers relevant and important in framing major environmental policy proposals.

6.3 The NAS Records Management classification scheme does not include a specific class for environmental information. However there may be some information relating to NAS buildings and building works, including the monitoring of environmental conditions in order to conform to archive standards, which can be considered under these regulations.

6.4 The following areas of the NAS file classification scheme are likely to include environmental information:

Human Resources/Subject Files/Health and Safety
Human Resources/Subject Files/Equal Opportunities
Accommodation Services/Policy and Procedures/NAS Environmental/Energy Conservation
Accommodation Services/Subject Files/General Register House
Accommodation Services/Subject Files/West Register House
Accommodation Services/Subject File/Thomas Thomson House
Accommodation Services/Subject Files/New Register House
Accommodation Services/Subject Files/Ladywell House
Accommodation Services/West Register House/Reports and Statistics/Environmental Monitoring
Accommodation Services/General Register House/Reports and Statistics/Environmental Monitoring
Accommodation Services/Thomas Thomson House/Reports and Statistics/Environmental Monitoring
Preservation Services/Environmental Monitoring

6.5 Requests for access to environmental information may be addressed to the Freedom of Information Officer.

6.6 We will respond to EIR requests in 20 working days. This can be extended to 40 days where the environmental information is complex or voluminous and would involve a considerable amount of work.

6.7 Standard search room fees and charges concerning the provision of copies apply to environmental information that is contained within the archives. The same fees and charges that apply to Freedom of Information requests apply to environmental information that is not contained within the archives.

7. Exempt information
7.1 Some of our corporate information may be withheld where disclosure would seriously prejudice law enforcement, legal proceedings or regulatory activity. It may be withheld if disclosure would breach the law of confidentiality or seriously prejudice the commercial interests of any person or organisation. Personal information will be protected in accordance with the Data Protection Act 1998.

7.2 If information is withheld, our reply to your request will indicate why. We will also explain your right to ask for the decision to be reviewed. After a review has been completed you may then appeal to the Scottish Information Commissioner.

8. Copyright under FoI
8.1 The supply of documents under FOISA give the person or organisation who receives them an automatic right to re-use the documents in a way that would infringe copyright, for example, by making multiple copies, publishing and issuing copies to the public.

8.2 The National Archives of Scotland is a crown body and the corporate information we produce is subject to Crown copyright, which is administered by the Queen's Printer for Scotland (OQPS). The material listed in this publication scheme is Crown copyright unless stated otherwise. The copyright in certain categories of material including documents featured on official websites has been waived. This means that this material can be re-used freely. More details can be found on the website of the Office of the Queen's Printer for Scotland www.oqps.gov.uk.