- 17 Feb 2020
Date received: 30 Jan 2020
Date responded: 17 Feb 2020
You asked: "Transport Scotland commissioned their provider Transerv to carry out work in fiscal year 2019/20 at the South entrance/exit to Kirkoswald Village in South Ayrshire. Specifically the information I’d like to request is the sum agreed and the sum spent (should they be different) for the removal of the carriageway gullies within the boundaries of the village which were set back into the paved area and replaced with side-entry gullies. This work began in June 2019. The work began with Transerv staff but was concluded and/or repaired by Transport Scotland staff in late-December 2019. Could the request also outline the financial clawback or other arrangement around that with respect to the fee for the originally contracted work."
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 estimated cost for the gully replacement scheme was £6122.85 and the final cost was £7559.30.
Information on how remuneration is based is available from Schedule 2, Part 1 of the 4th Generation Term Contract for management and maintenance of the Scottish Trunk Road Network by using the following web link https://www.transport.gov.scot/media/35900/sw-combi.pdf. 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 listed, then please contact me again and I will send you a paper copy.
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