- 7 Nov 2018
Date received: 24 October 2018
Date responded: 6 November 2018
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 A74M at Junction 15 is operated on behalf of the Scottish Ministers by Autolink Concessionaires M6, under a thirty year Design Build Fund and Operate contract which ends in July 2027. Design and construction of this section of the motorway began in 1997, and it was brought into use in 1999/2000. This pre-dates the introduction of the Road Restraint Risk Assessment Process in 2006. However, the infrastructure was assessed as required, by an independent Road Safety Auditor: at preliminary design stage; at final design stage; and on completion of construction. A full Road Safety Audit of the complete network has been undertaken three-yearly since, with the most recent being completed in 2017.
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