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FOI/202100165196 · FOI/EIR · partially withheld

Highway Inspection Records, defect notices and complaints 2018-2020: EIR release

Published
2021-04-15
Received
2021-02-24
Responded
2021-03-04
Directorate
Topic
Public sector, Transport
Exemptions
20, 39(2)

Information requested

Copies of the Highway Inspection Records together with all opening/closing notices, defect notices and records of complaints for 2 years prior to 25/08/2020" in relation to the A701 between Amisfield and Beatock.

In particular the stretch of the A701 by Amisfield, around Easting 305965, Northing 591960.

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.

Please see Annex A to this response for the inspection records for the date range and area you are interested in.

Please see Annex B to this response for a copy of relevant defect listings, including BT defects which we hold.

Please see Annex C to this response for an extract of Customer Care Lines system containing details of complaints.

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.

Detected exemption language

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.

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