A76 from Enterkinfoot to Drumlanrig Castle road junction: EIR release
Information request and response under the Environmental Information (Scotland) Regulations 2004
Information requested
Information relating to the A76 from Enterkinfoot to its junction with Drumlanrig Castle Road End from 1 January 2021 to date.
In particular, we require the information including sight of any written or electronic communication detailing the detailed roads inspection regime in place and records thereof and any SCRIM or wet road skidding survey data, SCANNER or surface condition assessment data, and DVI or CVI data, relating to this piece of road.
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.
Information you have requested relating to inspection regimes is available from section 5 of the Road Asset Management Plan published on Transport Scotland's website at j408891-09 (transport.gov.scot). Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format.
Please see Annexes A and B to this response for a copy of the inspection records for the location and timeframe requested.
Please see Annex C to this response for a copy of the SCRIM summary records for the location and timeframe requested.
Please see Annexes D-F to this response for a copy of the SCANNER summary records for the location and timeframe requested.
Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have. We do not have some of the information you have requested because we do not use DVI or CVI collection software.
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 condition data, clearly we cannot provide information which we do not hold.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.
Contact
Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG
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