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Publication - FOI / EIR Release

Incident on A85 Perth to Crieff Road: FOI release

Published: 10 Nov 2017

Information request and response under the Freedom of Information (Scotland) Act 2002.

FOI reference: FOI/17/02072
Date received: 14 September 2017
Date responded: 12 October 2017

Information requested

Incident on 6 June 2017.

Locus: A85 Perth to Crieff Road approximately 2 miles east of Gilmerton.

1. Any details held by you relative to this incident, whether this be accident report investigative documentation or correspondence between you and a third party regarding the incident.

2. Details of any remedial action which you provided following the incident.

3. Details of any complaints made to you by third parties (including members of the public or other bodies) in relation to the A85 between Perth and Crieff for the period 1st January 2010 to present date.

4. Details of any inspections carried out by your officers of the A85 from Perth to Crieff carried out between 1st January 2010 to present date.

5. Details of any defects noted during those inspections.

6. Details of any remedial action or correspondence to third parties requesting remedial action following those inspections.

7. Details of any policy documents which you may hold relative to maintenance of trees/overhanging trees adjacent to the carriageway within your jurisdiction.

8. Any other documentation which you hold which is relevant to the above incident, or to any aftermath of the incident.'

Response

I have numbered our response for ease of reference.

1. Please see attached Annex A. An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, ie names / contact details of individuals and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. This exemption 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 exemption. Exemption 39(1) of FOISA (Health and Safety) also applies to this Annex.

2. Please refer to Annex A which contains the emergency response operations undertaken by our operating company. Again an exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested. Exemption 39(1) of FOISA (Health and Safety) also applies to this Annex.

3. Please see attached Annex B. An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested.

4. Please see attached Annex C.

5. Details of any defects noted during those inspections can be found in Annex C.

6. Details of any remedial action or correspondence to third parties requesting remedial action following those inspections can be found in Annex C.

7. Please refer to Annex D.

8. Please refer to Annex E. An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, ie names / contact details of individuals and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. This exemption 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 exemption. Exemption 39(1) of FOISA (Health and Safety) also applies to this Annex.

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 Andrew's House
Regent Road
Edinburgh
EH1 3DG

Published:
10 Nov 2017
Incident on A85 Perth to Crieff Road: FOI release