EIR/202600508432 · FOI/EIR · not held
Transport Scotland - M90 Brankholm Burn culvert inspection records: EIR release
Information requested
1. Inspection records for the culvert located beneath the M90 between Rosyth and Inverkeithing.
2. The inspection schedule associated with this culvert.
3. Photographs taken as part of any inspections or maintenance activities.
To help identify the structure, I have attached a GIS map highlighting its location. I would be grateful if the information and images could be provided in digital format and cover the last five years.
On 25 February you confirmed the date parameters of your request was 01/04/2016 - 26/02/2026.
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.
1. You requested inspection records for the culvert located beneath the M90 between Rosyth and Inverkeithing.
Please see Binder 1 to this response containing copies of the 2018 PI Report (Principal Inspection), 2020 GI Report (General Inspection), 2022 GI Report and 2024 PI Report. Please note no GI Report appears to have been undertaken in 2016, Transport Scotland's Operating Company, BEAR Scotland is unable to confirm why no 2016 report was undertaken as this was prior to their contract commencement date of current Operating Company contract which commenced 16 August 2020.
An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.
2. You requested the inspection schedule associated with this culvert.
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. Transport Scotland does not have the information because BEAR Scotland advise this culvert is subject to a PI every 6 years, a GI every 2 years (except in years when it is superseded by a PI) and cursory safety inspections every 3 months. Safety Inspections are cursory and do not always result in a report being produced unless any issues are identified.
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 inspection schedule associated with the culvert, clearly we cannot provide information which we do not hold.
3. You requested photographs taken as part of any inspections or maintenance activities.
Please see Binders 2 and 3 to this response for photographs taken.
About FOI
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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. An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018.