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Publication - FOI / EIR Release

Clyde road bridge in Wandel: EIR release

Published: 3 Oct 2017

Information request and response under the Environmental Information (Scotland) Regulations 2004.

FOI reference: FOI/17/01429
Date received: 23 June 2017
Date responded: 5 September 2017

Information requested

Information relating to Clyde Road Bridge in Wandel.

In particular, we require the following information:

1. Information including sight of any written or electronic communication detailing maintenance and inspection records.

2. Information including sight of any written or electronic communication detailing the removal or treatment of any expansion joints.

3. Information including sight of any written or electronic communication detailing notice of any road traffic incidents on the bridge.

4. Information including sight of any written or electronic communication detailing any risk assessments relating to the bridge.

5. Information including sight of any written or electronic communication detailing any complaints made regarding the expansion joints.

6. Information including sight of any written or electronic communication detailing any warning signs for cyclists erected and removed from the bridge.

  • We would also request any photographs held relating to the above requested information.

  • We request the above information from December 2009 to date.

  • To which you clarified the location and timeframe as; 'The bridge which is located on the A702, Abington, Biggar, ML12 6RP' and 'if the scope is too wide can I restrict to January 2015 to date'.

Response

As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIR's), 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 have numbered your response for ease of reference.

  1. Please refer to Annex A which details maintenance and inspection records that Transport Scotland hold in relation to the Clydes Rail Bridge. 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 Schedule 1 to the Data Protection Act 1998. 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. Please refer to Annex B which details the removal / treatment of expansion joints. 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 Schedule 1 to the Data Protection Act 1998. 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.

  3. Please refer to Annex C which includes details of road traffic incidents on the bridge. 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 Schedule 1 to the Data Protection Act 1998. 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.

  4. Please note that a Risk Assessment report, attached at Annex D, was prepared by Amey in September 2015 and Transport Scotland agreed that Amey proceed with the recommendations of this report, i.e. install warning signs in conjunction with developing improvement of the existing expansion joints. Again some of the information contained within the e-mail has been redacted as per regulation 11(2) of the EIRs.

  5. Please refer to Annex E. Again some of the information contained within the e-mail has been redacted as per regulation 11(2) of the EIRs.

  6. Annex F contains information detailing warning signs erected and removed from the bridge. Some of the information contained within the e-mail has been redacted as per regulation 11(2) of the EIRs.

  7. Please refer to Annex F which contains photographs requested.

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

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Contact

Please quote the FOI reference

Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

Published:
3 Oct 2017
Clyde road bridge in Wandel: EIR release