Publication - FOI/EIR release

Scotrail’s calculations to establish impact of “Beast from the East”: FOI release

Published: 14 Feb 2019

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

Published:
14 Feb 2019
Scotrail’s calculations to establish impact of “Beast from the East”: FOI release
FOI reference: FOI/19/00110
Date received: 14 Dec 2018
Date responded: 11 Feb 2019
Information requested

 

The calculations used to establish the impact of the Beast from the East on ScotRail’s PPM MAA as -0.2%.

Any correspondence with ScotRail or Scottish Ministers regarding this adjustment.

ScotRail’s PPM MAA for contractual purposes (i.e. adjusted for force majeure incidents) for each reporting period of this financial year.

A list of all force majeure incidents recorded since the start of the current ScotRail
franchise and any related adjustments to ScotRail’s PPM MAA.

 

Response

 

The calculations used to establish the impact of the Beast from the East on ScotRail’s PPM MAA as -0.2%

This information is captured within Annex 1.

 

Any correspondence with ScotRail or Scottish Ministers regarding this adjustment

Please see Annex 1.
Please note an exemption under section 36(1) of FOISA (confidentiality in legal proceedings) applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege.

Likewise, an exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view.

An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a Scottish Government & ScotRail Officials. Disclosing this information would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.


ScotRail’s PPM MAA for contractual purposes (i.e. adjusted for force majeure incidents) for each reporting period of this financial year.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

A list of all force majeure incidents recorded since the start of the current ScotRail franchise and any related adjustments to ScotRail’s PPM MAA

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

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.
Only the Beast from the East Force Majeure claim involved allowing PPM relief.
The Force Majeure claim for Storm Hector acknowledged trains which had been cancelled as a result of the storm, and any reduced capacity on the trains which did run, were not counted against the cancellations and capacity targets set out in the franchise. However, no relief was granted for PPM failures as a result of the storm.

 

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-19-00110 Annex A

60 page PDF
3.3 MB

Contact

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

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG