Publication - FOI/EIR release

Force Majeure claims received by Transport Scotland from ScotRail: FOI release

Published: 29 Nov 2018

Information request and response under the Freedom of Information (Scotland) Act 2002.

Published:
29 Nov 2018
Force Majeure claims received by Transport Scotland from ScotRail: FOI release
FOI reference: FOI/18/03164
Date received: 30 October 2018
Date responded: 27 November 2018
 
Information requested
 
Please can I have full details of all Force Majeure claims received by Transport Scotland from ScotRail since Abellio took over the franchise.
 
This should include the nature of the claim, when it was it made, how much it was for and the outcome (ie did TS pay out or not, and if so  - how much was paid for each claim).
 
Response
 
2015 Rejected 09/01/15 High winds through Scotland
2015 Rejected 14/01/15 Extreme weather through Scotland
2015 Rejected 01/08/15 Collision an New Cumnock
2015 Rejected 15/08/15 Flooding at Mallaig
2015 Rejected 05/10/15 Bathgate depot derailment
2015 Rejected 05/12/15 Severe weather - affecting a number of areas
2015 Rejected 30/12/15 Severe weather - affecting a number of areas
2015 Rejected 28/09/18 Freight derailment at Dundee
2016 Rejected 07/01/16 Flooding at Craigo and Inverkeillor
2016 Rejected 08/01/16 Flooding at Girvan/Barrhill
2016 Rejected 10/01/16 Flooding at Forsinard
2016 Rejected 29/01/16 Storm Gertrude disruption
2017 Rejected 18/01/17 Bridge strike at Inverawe
2017 Rejected 04/04/17 Landslip at Gilshochill
2017 Rejected 23/11/17 Landslip at Wick
2018 Rejected 22/01/18 Landslip at Glenfinnan
2018 Rejected 24/01/18 Landslip at Winchburgh
2018 Accepted 28/02/18 Beast from the East
2018 Rejected 05/05/18 Overhead lines failure at GLC
2018 Rejected 09/06/18 Flooding at Dalmuir and Bishopbriggs
2018 Accepted 14/06/18 Storm Hector disruptions
2018 Rejected 27/06/18 Unprecedented heat to infrastructure at Glasgow Central
2018 Rejected 29/08/18 Part-closure of Ayr station 
2018 Rejected 05/10/18 Action short of a strike
 
It may help if I explain that the Force Majeure procedure is to ensure that any cancellations or capacity not provided, as a direct result of force majeure occurrences, is not counted against the formal performance benchmarks set out in the franchise. 
 
Under Schedule 10.4 Para graph 2.1 (b) of the Franchise agreement ScotRail as the operator have to give written notice to Transport Scotland promptly after it becomes aware (and in any event within 2 days after becoming aware) of the occurrence or likely occurrence of a Force Majeure Event, which will or is likely to affect ScotRail’s ability to comply with its performance obligations
 
Paragraph of Schedule 10.4 details the consequences of a Force Majeure event on the franchisees obligations under Schedule 7.1
 
Of the 24 notifications of Force Majeure occurrences notified by Abellio ScotRail, only 2 have been accepted as Force Majeure events and the remainder rejected by Transport Scotland. I can confirm acceptance of these claims carried no financial value.
 
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Contact

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


The Scottish Government 
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