- 17 Jan 2020
Date received: 19 Dec 2019
Date responded: 16 Jan 2020
“We would be obliged to receive the following information in respect the A77 at Kennedy's Pass, located between Lendalfoot and Ardwell, South Ayrshire.
- Copies of inspection records from June 2017 until present.
- Details of any works carried out on the road at this location from June 2017 until present.
- Details of any complaints made in respect of the condition of the road at this location from June 2017 until present.
- A copy of the inspection and maintenance policy in place for this trunk road”.
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 your enquiry for ease of reference
1. Please see Annex A which is the inspection reports for the location and timescale requested.
2. Please see Annex B which shows works records for the location and timescale requested.
3. Please see Annex C to this response for complaints records for the location and timescale requested. An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it 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 exception 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 exception.
4. 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. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy. All of the information you have requested is available from Schedule 7 of the Operating Company Contract which can be found at: https://www.transport.gov.scot/media/35900/sw-combi.pdf
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.
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Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrews House