Caledonian Sleeper Limited Publication Scheme

The Freedom of Information (Scotland) Act 2002 (FOISA) provides individuals with a right to request any recorded information held by Scotland’s public authorities. Anyone can use this right, and information can only be withheld where FOISA expressly permits it.

Section 23 of FOISA also requires that all Scottish public authorities maintain a publication scheme. A publication scheme sets out the types of information that a public authority routinely makes available.

We’ve adopted the Model Publication Scheme developed and approved by the Scottish Information Commissioner without amendment and have produced this guide to the information that we publish within the classes in the scheme.

Availability and formats

The information we publish through the model scheme is, wherever possible, available on this website.

We offer alternative arrangements for people who do not want to, or cannot, access the information online or by inspection at our premises.

For example, we can usually arrange to post information in paper copy (although there may be a charge for this).

Information that we may withhold

Our aim is to be as open as possible. However, there may be circumstances where information will be withheld from publication.

Information will only be withheld, where FOISA (or, in the case of environmental information, the Environmental Information (Scotland) Regulations 2004) expressly permits it.
Information may be withheld, for example, where its disclosure would breach the law of confidentiality, harm commercial interests, or endanger the protection of the environment. Information may also be withheld if it is another person’s personal information, and its release would breach data protection legislation.

Where we withhold information, we will remove it or redact it before publication and explain why.
If you wish to complain about any information which has been withheld from you, please contact us.

Our charging policy

This section explains when we may make a charge for our publications and how any charge will be calculated.

Unless otherwise stated, all information contained within our scheme is available from us free of charge where it can be downloaded from our website or where it can be sent to you by email.

We reserve the right to impose charges for providing information in paper copy or on CD or other media. Charges will reflect the actual costs to Caledonian Sleeper Limited for reproduction and postage in line with the Schedule of Fees below.

Schedule of Fees

We’ll let you know the circumstances in which a fee may be charged, waived or required to be paid in advance. Where a charge applies, we will let you know the charge and how it has been calculated.  Information will not be provided to you until payment has been received.

We are required by the Equality Act 2010 to take steps to meet the needs of people who share a relevant protected characteristic. In terms of access to information, this means making reasonable adjustments to our practices to ensure that information is physically accessible. This may, for example, involve producing information in a larger script or different format where it is practicable to do so. The costs of this will be met by us.

Our copyright policy

The supply of information under the terms of the Freedom of Information (Scotland) Act 2002 does not give the applicant or whoever receives the information any right to re-use it in such a way that might infringe the Copyright, Designs and Patents Act 1988 (for example, by making multiple copies, publishing or otherwise distributing the information to other individuals and the public). The Freedom of Information (Scotland) Act 2002 (Consequential Modifications) Order 2004 ensured that Section 50 of the Copyright, Designs and Patents Act 1988 (“CDPA”) applies to the Freedom of Information (Scotland) Act 2002 (“FOISA”). CSL Business Breach of copyright law is an actionable offence and Caledonian Sleeper Limited expressly reserves its rights and remedies available to it pursuant to the CDPA and common law. Further information on copyright is available at the following website: http://www.ipo.gov.uk/copy 

How to access information which we do not publish

If you would like to request information which we do not publish, then please contact us by:

Email: FOI-EIR@caledoniansleeper.scot
Or by post:
FOI
Caledonian Sleeper Limited
1-5 Union Street,
Inverness,
IV1 1PP

When writing to us to request information, please include:

• Your full name and an email or postal address
• Full details of the information or documents you would like to receive.

Charges for information available only through request

Freedom of information requests

‘Our charging policy’ section above explains when we may make a charge for our publications and how any charge will be calculated. The charges described in that section relate to costs of printing and providing the information.

Section 9 of FOISA relates to ‘Fees’ and advised a Scottish public authority receiving a request which requires it to comply with section 1(1) of the Act, may, within the time allowed by section 10 for so complying, give the applicant a notice in writing (in the Act referred to as a “fees notice”) stating that a fee of an amount specified in the notice is to be charged by the authority for so complying. If a fees notice is given to the applicant, the authority is not obliged to give the requested information unless the fee is duly paid.

The first £100 to locate, retrieve and provide the information, is not chargeable, however where the cost of providing the information is estimated to cost between £100 and £600, the fee will be calculated as ten percent of the estimated cost, which will be the amount specified in the “fees notice”.

Caledonian Sleeper Limited will refuse to deal with a request where we estimate that it will cost more than £600 to locate, retrieve and provide the information. Section 12 ‘excessive cost of compliance’ will be referenced in response to such a request, detailing the estimated total cost of complying with the request, exceeding the amount prescribed (£600), in relation to complying with any request, which does not oblige the authority to comply with either (or any) of those requests.

Environmental information requests

Where a Scottish public authority is under a duty to make environmental information available under regulation 5(1) of the Environmental Information (Scotland) Regulations 2004, it may charge a fee for so doing.

Fees charged will not exceed a reasonable amount and, in any event, shall not exceed the costs to the authority of producing the information requested.

Unlike FOISA, there is also no £600 threshold for charges relating to cost of compliance with the Environmental Information (Scotland) Regulations 2004.

In the event that a charge applies to a request under the Environmental Information (Scotland) Regulations 2004, we will issue you with notification of the charge and how it has been calculated. If you decide not to proceed with the request, there will be no charge to you.

Charges will be calculated on the basis of the actual cost to Caledonian Sleeper Limited of locating, retrieving, and providing the environmental information.

Staff time is calculated at actual cost of employing the staff member in question (being of an appropriate grade to be dealing with the information in question and having the requisite skills and knowledge).

The classes of information that we publish

We publish information that we hold within the classes set out in the publication scheme. We will be updating this page with our publications in the coming weeks.

Scottish Information Commissioner

You have legal rights to access information under this scheme and a right of appeal to the Scottish Information Commissioner if you are dissatisfied with our response. These rights apply only to information requests made in writing (verbal requests for environmental information carry similar rights) or another recordable format. If you are unhappy with our responses to your request you can ask us to review it internally and if you are still unhappy, you can make an appeal to the Scottish Information Commissioner.

By post:

Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS

Telephone: 01334 464610

Email: enquiries@itspublicknowledge.info

Scottish Information Commissioner website

Data Protection

You can request a copy of any personal data we hold about you by making a subject access request (SAR) under the General Data Protection Regulation.

For Subject Access Requests contact us at: yourinformation@caledoniansleeper.scot 

Last updated

This page was last updated on 26th July 2023.