FOI/19/02122 · FOI/EIR · partially withheld
A830 Kinlochiel and Glenfinnan defect report NW345 14366-236805981: EIR release
Information requested
1.Information relating to defect report NW345 14366-236805981 on the A830 between Kinlochiel and Glenfinnan between 1 May 2018 and 25 June 2019. In particular any written or electronic communication and records detailing: 2. The identification of the defect report 3.The categorisation of the defect under the 4th Generation Term Contract 4.Records and details of action taken including temporary and permanent repairs taken. 5. We would also request any photographs held relating to the above requested information. 6. Also required are roads inspection photographs for the location for period 1 January 2019 to 16 July 2019"
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 have numbered our response for ease of reference.
Please refer to Annex A which is the inspection/defect report. Please see below identification of the defect Defect Reference NW34514366-236805981 Status Completed Defects Incident Date 29/05/2019 15:25 Defect Time 29/05/2019 15:25 Item Category Carriageways Defect Source James McGilvary (NW) Item Type CARRIAGEWAY Defect Category CATEGORY 1 Item Detail Pothole (POTH) All of the information you have requested is available from the Transport Scotland website from the following link http://nw.bearscot.com/Documents/ Under regulation 6(1)(b) of the ElRs, 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 refer to Annexes B and C which are the work and health and safety reports Photographs held are attached at Annex D.
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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.