Publication - FOI/EIR release

A985 inspection records held by Transport Scotland: EIR release

Published: 25 February 2021
Part of: Public sector, Transport
FOI reference: FOI/202000091024
Date received: 24 September 2020
Date responded: 25 November 2020

Information request and response under the Environmental Information (Scotland) Regulations 2004

Information requested

You asked for request "inspection records for outside Admiralty Road, Rosyth, Dunfermline and the immediate surrounding area from 01/01/2016 to present since we have recently received notification of a personal injury claim arising from temporary metal fixtures left as a result of works situated at the above location.

We require street inspection records to include, driven surveys, walk- about surveys and any other general maintenance records. For the sake of completeness, we should appreciate confirmation as to whether a s81 notice was issued in relation to the subject defect. We have searched our database and have been unable to locate a s81 notice. Please confirm if such notice exists and if so, please provide a copy.

Please also advise how often inspections are undertaken along with the method of inspection and a copy of your inspection policy."

You also clarified the location of the A985 you are interested in to be a small section in the vicinity of the Shell Garage.

Response

Please see Annex A to this response for a copy of the inspection records for the period 01/01/2016-24/09/2020.

A S81 notice was not issued as these are only applicable in England and Wales. The equivalent section of the NRSWA in Scotland is S140 and, following a check of the Scottish Road Works Register, we can confirm there were none issued for the date and location you are interested in.

With regard to your request for how inspections are carried out I should advise that until 16 August 2020 the South East unit was managed by Amey under the 4G Contract, an extract of which can be found at Annex B to this response. Annex C to this response contains an extract of the current South East Unit NMC, managed by BEAR Scotland Ltd, containing details of the current road maintenance policy.

Please see Annex D to this response for a copy of Transport Scotland's Inspection Manual. 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.

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