A90 Northbound dual carriageway located South of Stracathro: EIR release

Information request and response under the Environmental Information (Scotland) Regulations 2004.

FOI reference: FOI/18/02522
Date received: 10 September 2018
Date responded: 10 October 2018
Information requested

1. Record of inspection relating to the 15 mile stretch of the A90 Northbound dual carriageway located South of Stracathro Services (“the relevant area”) covering the period 6th August 2016 to 6th August 2018.

2. Maintenance and repair records including records of independent contractors relating to the relevant area over the said period.

3. Records of complaints about the condition of the relevant area over the said period.


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.

1. Please refer to Annex A of this request which is the Inspection Defect Report for the period of 6 August 2016 to 6 August 2018.

2. While our aim is to provide information whenever possible, in this instance Transport does not have some of 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 that there was no works completed on the sections requested between August 2016 and 10 December 2016. 

Annex B of this request is the Maintenance and repair records for 11 December 2016 to 6 August 2018. There were no works completed by independent contractors, of which we were notified and granted network access, during the period. 

3. Annex C contains details of all complaints for the period of 6 August 2016 to 6 August 2018.

About FOI

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
FOI-18-02522 - Annex A - Inspection
FOI-18-02522 - Annex B - Works
FOI-18-02522 - Annex C - Complaints


Please quote the FOI reference
Central Enquiry Unit 
Email: ceu@gov.scot
Phone: 0300 244 4000 

The Scottish Government 
St Andrew's House 
Regent Road 

Back to top