In June 2014 the Scottish Information Commissioner (SIC) confirmed that the Environmental Information Scotland Regulations applied to Registered Social Landlords (RSLs) based on the level of supervision/direction exercised by the Scottish Housing Regulator (SHR) and RSLs responsibilities to providing/managing etc. social housing including the requirements of the Social Housing Charter, SHQS and EESH in matters such as noise, energy efficiency, heating installation, and use of appropriate building materials.

The decision was challenged earlier this year but was again upheld by SIC. Accordingly like local and other public authorities the sector will need to actively disseminate environmental information (EI) and make this available on request.

EI is widely defined and include matters such as minutes, surveys, tenders, monitoring/inspections and a wide variety of other data whether written or written and electronic.

Requests for EI will need to be responded to within strict time limits and although the regulations set out 13 bases for withholding EI these are hedged with qualifications and, in many cases, obligations to balance prejudice to the RSL against the public interest in disclosing with a presumption in favour of the latter. However there is the opportunity to appeal to SIC in case of dispute.

The Regulations and SIC Guidance permit some costs to be recharged and SFHA are discussing with SHR whether RSLs will be permitted to do so.

Although the steps RSLs should take to ensure compliance will vary common issues are likely to be as follows:

• Establishing a system for identifying, indexing etc. EI in accordance with an EI policy

• Considering what policies, plans and provisions required to be pro-actively disseminated on the association's website

• Reviewing contractual/procurement arrangements so that third party contractors/consultants etc. know the regulations apply and make arrangements for dealing with information they would wish to hold confidential in so far as the regulations permit

• Preparing template letters, forms and provisions for each stage in the application process including:-

- Initial acknowledgement of request by the Applicant

- Provision of information to the Applicant

- Notice where information is refused or redacted

- Notice where information is provided in a different form

- Schedule of Charges (if any)

• Providing staff training to ensure that relevant staff fully understand the association's obligations under the regulations and when they may be required/entitled to refuse or redact

• Putting in place appropriate review processes for dealing with cases where refusal is challenged

For more information or advice on an RSLs obligations under the Environmental Information Scotland Regulations, please contact our experienced team.