Transport Scotland - Gateway Review information on the A9 Pitlochry to Killicrankie: EIR release

Information requested

On 20 November 2025, the Scottish Government released a list of the Gateway Reviews completed in calendar years 2024 and 2025.

https://www.gov.scot/publications/foi-202500480983/

Please supply all items of information in the Gateway Review completed in 2025 on the 'A9 Pitlochry to Killicrankie' which is named on this list.

In order to fulfil this request as cheaply and efficiently as possible, it is suggested that copies of original files are released in PDF format. I understand there may be a charge for this information.

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.

Gate Reviews are conducted for the Scottish Government and associated public sector organisations to help support the successful delivery of projects by ensuring that good programme and project management practice is being used; that key risks are actively managed and to identify any learning points for better practice. The report contains only a snapshot of the project at a particular point in time and since these reports were produced progress will have been made in addressing any recommendations for improvement.

Transport Scotland has interpreted your request as asking for the respective review and information within this review and therefore has provided this. Please find attached copy of A9 Dualling: Pitlochry to Killiecrankie Gateway Review 2 in June 2025. Some of this information has been redacted, please refer to exception details below.

Regulation 11(2) of the EIRs (personal information)

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information you have requested because it is the personal data of a third party. While our aim is to provide information whenever possible, in this instance a small amount of information, i.e. names of junior Scottish Government officials and employees of other organisations, have been redacted from the report. This exception applies because disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and 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.

Regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial or industrial information)

An exception under regulation 10(5)(e) of the EIRs (substantial prejudice to confidentiality of commercial information) applies to some of the information requested. This exception applies because disclosure of this particular information would, or would be likely to, prejudice substantially the commercial interests of potential bidders for ongoing procurements and also the financial interests of the Scottish Government. Disclosing references to potential bidder actions and breakdowns of prices could impact on contracts currently in procurement. This information would be likely to give competitors an advantage in the current tendering exercise or in future similar tendering exercises, which would substantially prejudice ability for companies to submit competitive tenders and so could significantly harm their commercial business and impact the financial interests of the Scottish Government.

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. We recognise that there is a public interest in disclosing information as part of open and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of companies which tender for Transport Scotland’s contracts, to ensure that we are always able to obtain the best value for public money.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

EIR 202500494948 - Information released - Annex

File type

PDF

File size

1.5 MB