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Scotland Office

  • Date 23 January 2023
  • Sector Local government
  • Decision(s) FOI 12(1): Not upheld

The complainant has requested information regarding legal advice sought and issued around a second independence referendum in Scotland, and information relating to the legality of a second referendum. The Scotland Office refused the requests as it considered that the cost to comply would exceed the appropriate limit under section 12(2) of FOIA.
The Commissioner’s decision is that the Scotland Office was entitled to rely on section 12(1) of FOIA, to withhold the requested information. It has also complied with its duty to provide advice and assistance in line with the requirements of section 16 of FOIA.
The Commissioner does not require the Scotland Office to take any steps.