- 6 Sep 2018
FOI reference: FOI/18/02155
Date received: 13 August 2018
Date responded: 6 September 2018
"We should be obliged if you could provide records for the maintenance of M74, southbound, near Junction 9, for the 3 months prior to 25th January 2018 and for the week after. We understand you are responsible for the gritting of these areas.”
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.
In reponse to your request, please refer to Annex A which is the inspection defect report for 3 months prior to 25 January 2018 and for the week after for the M74 southbound near Junction 9. Annex B contains details of any road works that also took place. Within Annex B, the relevent works activity for each set of road works is also provided.
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
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House