- 24 Jul 2019
Date received: 25 Jun 2019
Date responded: 23 Jul 2019
Information relating to defect report NW34474665-236531691 and Category 236576857 on A830 trunk road between Kinlochiel and Glenfinnan between 1 May 2018 to 25 June 2019. In particular, we require the following information including sight of any written or electronic communication and records detailing:
1. The identification of the defect report
2. The categorisation of the defect under the 4th Generation Term Contract
3. The response timescales required for the categorisation of above under the 4th Generation Term Contract.
4. Records and details of action taken including temporary and permanent repairs relating to defect report NW34474665-236531691 and Category 236576857
We would also request any photographs held relating to the above requested information.
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.
I have numbered our response for ease of reference.
1. Please refer to Annex A which is the inspection/defect report.
2. The defect was categorised as a category 1 defect.
3. All of the information you have requested is available from the Transport Scotland website from the following link http://nw.bearscot.com/Documents/
Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format.
4. The Defect was identified on 10 April and classed as a CAT1 and was temporary repaired to make safe and should have received a permanent repair within 28 days in accordance with the contract. Unfortunately due to an administrative error the defect was then closed off on 29 April before a permanent repair was made. As the defect had been closed off as an administrative error, when the area was inspected again on 1 May the defect was classified as a CAT2 as the initial temporary repair was still holding well and the area was safe. The permanent repair was carried out on 15 July.
Photographs held are attached at Annex B.
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 Andrews House