Scottish Ministers (Requisitioning of ice rinks as mortuaries) [2024] ScotIC 196_2024 (06 September 2024)

The Scottish Ministers acted within their statutory authority in requisitioning ice rinks as mortuaries during a public health emergency, and the limited withholding of information was justified under statutory exemptions after applying the public interest test.

Source-derived case information.

Citation: [2024] ScotIC 196_2024
Parties: Applicant: Scottish Ministers
Jurisdiction: Scotland
Judgment Date: 06 September 2024
Procedural Posture: Information Rights / Decision
Outcome: partially allowed
Legal Topics: Requisitioning of Property, Emergency Powers, Freedom of Information

Public Law Information Law Requisitioning of Property Emergency Powers Freedom of Information

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Summary, issues, holding and outcome

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Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Scottish Ministers

Applicant

Procedural Posture

Information Rights / Decision

Legal Issues

1 Whether the Scottish Ministers had authority to requisition ice rinks as mortuaries
2 Whether information regarding the requisitioning was lawfully withheld

Ratio Decidendi

Court Disposition

partially allowed

Orders

The Scottish Ministers' authority to requisition ice rinks as mortuaries is affirmed.
The Ministers are ordered to disclose additional information not covered by statutory exemptions.

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