· FOI/EIR · partially withheld
Repair log Junction 6 M77 to A77: EIR release
Information requested
A request for copies of the following: Reports of the inspection history, Safety inspection, Safety patrols, Identified defects and subsequent repairs Repairs To Jct 6 Galston slip off from M77 to A77. The period in question is from 19/01/18 to 01/02/18.
To which you clarified the timeframe of your request as;
Extending the period from 01/02/18 until today 07/03/18.
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.
In response to your request, please see Annex A which is the inspection history for the location requested. Annex B contains information on identified defects and subsequent repairs. Annex A and B contain the dates of inspections and patrols that took place in the timeframe requested.
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.