· FOI/EIR · partially withheld
A77 Inspection Report: EIR release
Information requested
With respect to the November A77 2017 inspection, can you please advise if the inspection has now been completed and if so can the report be made available please. I have also noted in your response that you undertook to investigate the existence of Stage 3 and Stage 4 audit information with Amey. Could you update me on any progress please.
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.
Annex A of this request contains the full detailed footpath inspection report for 24 November 2017. Please note that due to an anomaly in our Operating Companies system, the dates of this report do not appear as they should. Our Operating Company has contacted the system operators to resolve this issue.
A stage 3 / 4 audit is due to completed by Amey by the end of March 2018.
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.