Publication - FOI/EIR release

Inspection and maintenance information relating to A76 from January 2020: EIR release

Published: 6 Oct 2021

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

Published:
6 Oct 2021
Inspection and maintenance information relating to A76 from January 2020: EIR release
FOI reference: FOI/202100231586
Date received: 17 Aug 2021
Date responded: 8 Sep 2021
Information requested

"Information relating to the A76 from Enterkinfoot to its junction with Drumlanrig Castle Road End from January 2020 to date.

1. Information including sight of any written or electronic communication detailing all reports of road surface defects on the A76 from Enterkinfoot to its junction with Drumlanrig Castle Road End from January 2020 to date.

2. Information including sight of any written or electronic communication detailing any remedial work carried out on the A76 from Enterkinfoot to its junction with Drumlanrig Castle Road End from January 2020 to date.

3. Information including sight of any written or electronic communication detailing the roads inspection regime and records on the A76 from Enterkinfoot to its junction with Drumlanrig Castle Road End from January 2020 to date.

4. Information including sight of any written or electronic communication detailing all road maintenance tasks undertaken on the A76 from Enterkinfoot to its junction with Drumlanrig Castle Road End from January 2020 to date.

5. Information including sight of any written or electronic communication detailing any reported complaints in relation to the 76 from Enterkinfoot to its junction with Drumlanrig Castle Road End from January 2020 to date.

6. Information including sight of any written or electronic communication detailing any reports of incidents occurring on the A76 from Enterkinfoot to its junction with Drumlanrig Castle Road End from January 2020 to date."

Response

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.

To aid with my response I have retained the numbering from your request above:

1. Please see Annex A to this response for details of road surface defects on the A76 from Enterkinfoot to its junction with Drumlanrig Castle Road End from 1 January 2020 to 17 August 2021.

2 and 3. Please Annex B to this response for copies of inspection records which also detail remedial work carried out on the A76 from Enterkinfoot to its junction with Drumlanrig Castle Road End from 1 January 2020 to 17 August 2021

4. Please see Annexes C and D to this response for details of road maintenance tasks undertaken on the A76 from Enterkinfoot to its junction with Drumlanrig Castle Road End from 1 January 2020 to 17 August 2021.

5. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have. We do not have the information you have requested because we have no records of complaint in relation to the A76 from Enterkinfoot to its junction with Drumlanrig Castle Road End from 1 January 2020 to 17 August 2021.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in information about the A76 from Enterkinfoot to its junction with Drumlanrig Castle Road End, clearly we cannot provide information which we do not hold.

6. Please see Annexes E and F to this response for details of incidents recorded on the A76 from Enterkinfoot to its junction with Drumlanrig Castle Road End from 1 January 2020 to 17 August 2021.

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Contact

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Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

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