FOI/19/01174 · FOI/EIR · not held
Road maintenance spend through each of the three operating companies: EIR release
Information requested
Could you please provide the spending made on road maintenance made through each of the three operating companies working under the 4th Generation Term Contract for Management and Maintenance of the Scottish Trunk Road Network.
Bear Scotland – for the NW and NE of Scotland Scotland Transerv – for the SW Scotland Amey – for the SE of Scotland and the FBOC.
Can you also provide this information on an annual basis up to the latest period available for each company please?
Can you also provide the same information for the spending through the three Design Build Finance and Operate (DBFO) Contracts under which the companies maintain the M80, M77 and M74.
Can you also provide this information on an annual basis up to the latest period available please?
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.
Response
The following table provides you with the spending made on road maintenance made through each of the three operating companies working under the 4th Generation Term Contract for Management and Maintenance of the Scottish Trunk Road Network and also our DBFO contracts.
Operating Company / DBFO Area 2013/2014 2014/2015 2015/2016 2016/2017 2017/2018 2018/2019 Bear Scotland NW 44,088,487 47,421,959 42,178,448 52,836,162 54,440,461 29,652,434 NE 31,741,872 27,502,442 24,634,141 28,755,176 29,435,003 13,248,294 Scotland Transerv SW 38,144,237 39,732,669 37,519,307 47,960,432 55,905,269 26,300,448 Amey SE 27,688,028 24,611,644 24,008,268 32,913,768 33,807,179 15,798,755 FBOC 445,707 17,236,529 16,840,541 29,470,226 11,522,359 Autolink M74 £19,558,000 £13,830,000 £14,064,000 £12,442,000 £12,974,000 £7,900,000 Connect M77 £4,085,000 £3,710,000 £2,734,000 £2,825,000 £3,202,000 HMG M80 £2,705,000 £2,213,000 £2,566,000 £2,329,000 £2,403,000 £2,528,000
While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs – information not held. Due to the nature of the Design, Build, Finance and Operate (DBFO) contract, the spend made on road maintenance cannot be disaggregated from the monthly payment which is based on availability of the roads connected with the project. For further information on the payment mechanism for the M8 M73 M74 Motorway Improvements Project you can view the contract documents at the following link: https://www.transport.gov.scot/media/8153/m8m73m74-motorway-improvements-contract-schedule-6-web-version.pdf
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. While we recognise that there may be some public interest in information about the spending value on road maintenance, clearly we cannot provide information which we do not hold.
About FOI
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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. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs – information not held.
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