- 20 Mar 2018
FOI reference: FOI/18/00498
Date received: 6 February 2018
Date responded: 14 March 2018
The incident that occurred on the A1 near the Haddington junction. It is alleged that there was an oil spillage on the road which caused the claimant's vehicle to skid into the central reservation.
To help with our enquiries, please confirm if any spillage was reported to you. If so, please confirm when it was reported. Please also provide any report you have for the accident.
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.
While our aim is to provide information whenever possible, in this instance Transport Scotland do 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 reason why that exception applies is that we have no records of any reports of an oil spillage on 12 August 2016 on the A1.
We do however, have a report relating to the incident which is attached at Annex A.
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House