Loveday's and Scottish Borders Council [2011] ScotIC 152_2011 (08 August 2011)

Loveday's and Scottish Borders Council [2011] ScotIC 152_2011 (08 August 2011)

The Commissioner determined whether the Council held the requested information and, if so, whether any exemption applied to prevent disclosure under the Act.

Citation
[2011] ScotIC 152_2011
Parties
Applicant: Loveday's; Respondent: Scottish Borders Council
Jurisdiction
Scotland
Judgment Date
08 August 2011
Procedural Posture
Freedom of Information Appeal / Decision
Outcome
partially allowed
Legal Topics
Disclosure of Qualifications, Access to Information, Public Authority Obligations
Freedom of Information Disclosure of Qualifications Access to Information Public Authority Obligations

Case Brief

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Parties

Loveday's

Applicant

Scottish Borders Council

Respondent

Procedural Posture

Freedom of Information Appeal / Decision

Legal Issues

  1. 1 Whether the Scottish Borders Council was obliged to disclose information relating to the Clerk of Works' qualifications and on-site assessment under the Freedom of Information (Scotland) Act 2002

Ratio Decidendi

The Commissioner determined whether the Council held the requested information and, if so, whether any exemption applied to prevent disclosure under the Act.

Court Disposition

partially allowed

Orders

  • The Council was ordered to disclose any information held relating to the Clerk of Works' qualifications and on-site assessment, subject to any valid exemptions.