Review of Request Acquisition of Land

Request 101001429412

Request for Review of 101001407681 Acquisition of Land

I made an FOI request recently for information pertaining to the Acquisition of land act 1947, I attach a copy of the request. This request has been made twice a year for several years and we have always received a response which confirmed if any such orders had been made.

This time I was informed that the information is exempt under section 25(2) of the Freedom of Information (Scotland) Act 2002 as it is otherwise accessible by obtaining a Council PEC for a fee.

Can I ask what has happened in the last six months that has changed the Councils position?

Response 08-03-2017

Following your request for a review of our response to the FOI you submitted, 101001407681, a review meeting was held at the council offices on March 7th 2017. In attendance were the Records and Heritage Manager, Senior Solicitor, Solicitor and Information Co-ordinator.

It was agreed that the Council’s original decision is upheld; the information withheld in response to your original request is exempt under section 25 of the Freedom of Information (Scotland) Act 2002; Information otherwise available. The information requested can be accessed through the Moray Council website in the form of a PEC available at

Further to this, your question regarding the change in the Council’s position was discussed. This FOI was handled by the same department but a different member of staff, who highlighted to the FOI team that the information is already available elsewhere. Therefore the appropriate exemption was applied and relevant website link given.

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