A77 Contract and Pothole information: EIR release

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

Information requested

A copy of the below information:

  • The maintenance contract awarded to Amey OW Ltd for the maintenance and repair of the trunk roads network in the South West of Scotland, in particular that covers the A77. To include the responsibilities delegated by the Secretary of State to Amey OW Ltd.
  • A copy of all repairs conducted under the above contract between January 2022 and May 2022, if held/available.

On 7 September you clarified the following:

Q1 - With regards to your first request can you confirm if you require a copy of the full contract or if there is a specific area you are interested in?
A1 - I’m specifically interested in the responsibility delegated to Amey for the conduct of repairs and what the accepted standards are. A copy of the full contract would also be suitable so I can glean the necessary information from it.

Q2 - Is the repair history requested in your second request only for the A77? If so, is there a specific section of the A77 you are interested in?
A2 - I am specifically interested in the section of road (A77) between Govan and Cairnryan ferry port.

Q3 - Can you confirm the type of repairs you are interested in? Is this solely repairs to the road surface?
A3 - This is solely for repair to the road surface namely potholes.


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.

A copy of the current contract between Transport Scotland and Amey OW Ltd is available from Transport Scotlands Website at South west trunk roads operating company contract | Transport Scotland and Section 2 of this contract deals with the maintenance of defects. 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.

Please see Annexes A and B to this response for a copy of the repair history for potholes on the A77 during the period 1 January 2022 and 31 May 2022. For your information the northern extent of the A77 starts at the B7038 Meiklewood Interchange and the southern end terminates at the A75 London Road junction in Stranraer.

About FOI

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.

FOI 202200314579 - Information Released - Annex A and B


Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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