Category: Scotland

Smith and Aberdeenshire Council: SIC 20 Apr 2016

SIC Risk Assessment: Failure To Respond Within Statutory Timescale – On 6 January 2016, Mr Smith asked Aberdeenshire Council (the Council) for a risk assessment carried out by the Council, prior to a store container and a site office being placed within Portlethen Primary School’s grounds by a contractor. This decision finds that the Council failed to comply with Mr Smith’s requirement for review within the timescales set down by the Freedom of Information (Scotland) Act 2002 (FOISA).
The Commissioner has ordered the Council to comply with the requirement for review.

[2016] ScotIC 088 – 2016
Bailii
Information (Scotland) Act 2002
Scotland

Scotland, Information

Updated: 16 January 2022; Ref: scu.564208

Mcfadden and East Dunbartonshire Council (Asbestos Reports): SIC 26 Apr 2016

Asbestos Reports – On 22 January 2015, Mr McFadden asked East Dunbartonshire Council (the Council) for information relating to asbestos at his home address, and also asbestos test sample results for all vacant properties over the preceding year.
The Council provided some information, while stating that other information was excepted from disclosure under the EIRs as internal communications. Following investigation, the Commissioner found that the Council had partially failed to respond to Mr McFadden’s request for information in accordance the EIRs, by withholding some of the information requested by Mr McFadden.

[2016] ScotIC 089 – 2016
Bailii
Scotland

Scotland, Information

Updated: 16 January 2022; Ref: scu.564209

Several decisions: SCS 1588

Defences in a summons of violent profits, 1588. 1mo. Accepted the summons for one of the defenders who was charged as heir to his father; at least lawfully charged to enter heir; at least who had behaved himself as heir by intromission with his goods and gear; at the least was universal successor to him titulo lucrativo, andc. and offered to renounce. 2do. Where he is called universal successor, the pursuer should declare wherein. Replied, He shall prove this last in termino probatorio. Ordained to condescend, in special, wherein the defender was universal successor, and ordained Sharp to bring a special procuratory from the defender to renounce in termino probatorio, which should be taken to prove him universal successor.
After other frivolous exceptions against the libel, andc. the summons were admitted to probation; with reservation of the modification of the violent profits to the Lords themselves.

[1588] 1 Brn 124
Bailii

Scotland

Updated: 14 January 2022; Ref: scu.563151