· FOI/EIR · partially withheld
Road repairs on M73 towards M74 February 2017: FOI release
Information requested
"I would like to request Freedom of Information for the dates of 02/02/0217 to 23/02/2017 involving the section of motorway after junction 2 south on the M73 towards the M74 of all road repairs to that section of motorway. I would also like to request all complaint that have been made on or about this section of motorway."
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 can confirm that no complaints have been made regarding the area of M73 between Junction 2 southbound and the M74. Details of repairs made to this section of M73 have been appended to this letter, furthermore I can advise that no other defects were reported between 02/02/0217 and 23/02/2017.
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.