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FOI/202000083106 · FOI/EIR · partially withheld

Fatal accidents which occurred on the A96 within the last 10 years: EIR release

Published
2020-10-14
Received
2020-09-01
Responded
2020-09-14
Directorate
Topic
Public safety and emergencies, Public sector, Transport
Exemptions
20, 39(2)

Information requested

You asked for:

The number of fatal accidents which have occurred on the A96 in Brodie, Moray, in the last 10 years.

On 3 September you further clarified that you were interested in the stretch of carriageway between Forres and the entry to the village of Brodie and you required the information for the last 10 calendar years.

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.

I can confirm that between 1 January 2010 to 6 September 2020 there were 6 fatal accidents on the stretch of carriageway covered in your request. To further clarify the exact extents of the A96 route, this data covers from the junction at Feddan just west of the western entry to Brodie to the junction with the B9011/Victoria Road in Forres.

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.

Contact Please quote the FOI reference Central Enquiry Unit Email: ceu@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrews House Regent Road Edinburgh EH1 3DG

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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