FOI Request Street Lighting Port Gordon

Request 101001685575

I request a copy of the report regarding the faulty street lighting column which collapsed in Stewart Street, Port Gordon in February 2017. Also request a copy of procurement policy, evaluation criteria and evaluation process and said evaluations of all of your approved materials.

Response 22-12-2017

Regarding the release of a copy of the report on the faulty street lighting column outlined in this request, the requested information is exempt under section 39(2) of the Freedom of Information (Scotland) Act 2002. Section 39(2) exempts information which falls under the scope of the Environmental Information (Scotland) Regulations 2004. The information you have requested is environmental information as defined by Section 2(1) of the Environmental Information (Scotland) Regulations 2004 (EISR). You will receive a response to your request for information under the Environmental Information (Scotland) Regulations 2004 directly as it is not our policy to publish information requests handled under the EISRs.

Moray Council’s procurement policy is publicly available on the internet therefore this information is therefore exempt under section 25(1) of the Freedom of Information (Scotland) Act 2002- Information  otherwise accessible. A link to Moray Council’s procurement policy is provided below;  http://www.moray.gov.uk/downloads/file109615.pdf

The 'evaluation criteria','evaluation process' and 'evaluation of all approved materials' is exempt under section 17 of the Freedom of Information (Scotland) Act 2002- Information not held.With respect to lighting columns this information is not held by the Moray Council. We do not hold this information as it relates to a Framework Agreement that Scotland Excel (the contracting authority) tendered and evaluated.

Under Section 16 of FOISA the council has a duty to provide advice and assistance; in this case the council would recommend that Scotland Excel is most likely to hold this information. Information on making an FOI request to Scotland Excel is available here: http://www.scotland-excel.org.uk/home/Resources/FAQs/Scotland-Excel-FAQs.aspx#FOIRequest

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