- 7 Jun 2018
FOI reference: FOI/18/00739
Date received: 9 March 2018
Date responded: 6 June 2018
Copy of the risk assessment for BEAR Scotland in respect of the contract they have with Transport Scotland for works carried out to maintain the grass verges and shrubbery alongside the trunk roads and minor roads in the North East of Scotland.
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
Please refer to Annex A which is the risk assessment for Bear Scotland in relation to the maintenance of grass verges and shrubbery.
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