- 25 Feb 2021
Date received: 24 Sep 2020
Date responded: 25 Nov 2020
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.
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.
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