· FOI/EIR · partially withheld
Dark lamps within South West 4G contract: EIR release
Information requested
A list of All dark lamps with in the South West 4G contract.
To which you clarified, the routes concerned within your request were; A8, M74, M77, M8 and M80.
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 attached Annex A. Annex A is a list of lighting defects in December 2017 from the roads that Scotland Transerv maintain on behalf of Transport Scotland. Please note that not all routes are inspected at the one time, hence the difference in inspection dates.
Below is a list of the extents of the roads covered by the South West Unit 4G contract relevent to your request;
A8 – M8 Jct 31 to Greenock.M74 – M8 to Junction 4 and from 6 south to Jct 12M77 – M8 to between Jct 4 & 5M8 – Jct 10 to 31.M80 – M8 to Jct 2.
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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