Transport Scotland's Notices and Orders, Acquisition of Land Act(1947):EIR release

FOI reference: FOI/18/00105 annd FOI/18/00127
Date received: 15 January 2018
Date responded: 26 January 2018

Information requested

We would like to (and hereby do) make an Information Request that we be provided with all information collected by you pursuant to your statutory duty under Section 1 of the Acquisition of Land (Authorisation Procedure)(Scotland) Act 1947 for all Notices/Orders that;

(1) remain extant, (That is to say have been served but are not considered Complied with)

(2) Have been Complied with (Where there are no works left to be carried out)

(3) Have been Complied with but have invoices pending in respect of works carried out by or on behalf of your council.

We would like to (and hereby do) make an Information Request that we be provided with all information collected by you pursuant to your statutory duty under Section 1 of the Acquisition of Land (Authorisation Procedure)(Scotland) Act 1947 for all Notices/Orders that have been served during the dates 1st July 2017 to the 15th January 2018.

Response

As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

The following is a list of Transport Scotland's Notices and Orders under the Acquisition of Land (Authorisation Procedure)(Scotland) Act 1947.

1. Notices / Orders that remain extant;

The A9 Trunk Road (Killiecrankie To Glen Garry)Compulsory Purchase Order 201[ ] – Draft Stage – 28 November 2017.

The A9 Trunk Road (Pitlochry To Killiecrankie) Compulsory Purchase Order 201[ ] – Draft Stage – 15 December 2017.

The A9 Trunk Road (Glen Garry To Dalwhinnie) Compulsory Purchase Order 201[ ] – Draft Stage – 19 December 2017.

The A9 Trunk Road (Dalwhinnie To Crubenmore) Compulsory Purchase Order 201[ ] – Draft Stage – 19 December 2017.

A82 Trunk Road (Clifton Culvert Replacement) Compulsory Purchase Order 2017 – Made 2 August 2017.

A82 Trunk Road (Allt Fhiodhan Bridge Replacement) Compulsory Purchase Order 2017 - Made 13 September 2017.

2. Notices / Orders that have been complied with;

M77/A77 Trunk Road (Maybole Bypass) Compulsory Purchase Order 2016 - General Vesting Declaration - 3 July 2017 with entry On 4 Aug 2017.

M9/A9 Trunk Road (Berriedale Braes Improvement) Compulsory Purchase Order 2017 - General Vesting Declaration - 8 Jan 2018 with entry On 16 Feb 2018

A82 Trunk Road (Clifton Culvert Replacement) Compulsory Purchase Order 2017 – General Vesting Declaration executed 29 November 2017 with entry on 1 Jan 2018.

3. While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies is we have no notices or orders that have invoices pending in respect of works carried out.

In relation the the A9 Dualling project, all notices are published on the Transport Scotland website at the following link. There are 11 sections to the A9 Dualling project. If you click on an individual section, draft and made notices are in the publication section, located at the bottom of each page;

https://www.transport.gov.scot/projects/a9-dualling-perth-to-inverness/

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