This is a request under the Freedom of Information Act for information relating to compensation arrangements in respect of bus services in London which are disrupted by HS2 construction. The HS2 Act 2017 makes provision for Transport for London to receive compensation from HS2 Ltd for the disruption caused by HS2 construction to TfL bus services. HS2 Ltd and TfL are publicly owned bodies, and therefore the details of the compensation are a public matter rather than a commercial matter. I am requesting the following information: 1, All documents setting out the arrangements/mechanism for TfL to submit compensation claims for bus service disruption 2, All documents which set out the mechanisms by which the value/amount of compensation is calculated for each category of disruption to bus services (including alterations to bus infrastructure and provision of information to bus passengers) 3, The total value of claims submitted by TfL to HS2 Ltd by 15 November 2018 relating to bus service disruption 4, The total value of claims paid to TfL by HS2 Ltd by 15 November 2018 relating to bus service disruption

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TfL Ref: FOI-2143-1819 

 

Thank you for your request received by Transport for London (TfL) on 16 November 2018. 

 

Your request has been considered under the requirements of the Freedom of Information Act 2000 and our information access policy. I can confirm that we do hold some of the information you require. With relation to the HS2 project, you asked for: 

 

1, All documents setting out the arrangements/mechanism for TfL to submit compensation claims for bus service disruption.  

 

2, All documents which set out the mechanisms by which the value/amount of compensation is calculated for each category of disruption to bus services (including alterations to bus infrastructure and provision of information to bus passengers).  

 

We are not obliged to provide you with the information requested above as it is subject to a statutory exemption to the right of access to information under section 43(2). In this instance the section 43(2) exemption has been applied as disclosure would, or would be likely to prejudice our commercial interests, as well as those of HS2.  

 

Releasing this information would prejudice TfL’s commercial interests in two ways: 

1. TfL has not yet agreed this with HS2 and it is therefore still subject to discussions

    

2. These mechanisms are not HS2-specific, but relevant to all third-party projects which would disrupt buses.   Sharing this information would therefore prejudice TfL’s commercial interests when seeking to reach similar arrangements with other third parties and therefore hinder our ability to negotiate the best value for money in the future.

 

The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. We recognise the need for openness and transparency by public authorities, particularly where public money is concerned, but in this instance the public interest in ensuring that we are able to obtain the best value for public money outweighs the general public interest in increasing transparency of this aspect of our processes. 

 

3, The total value of claims submitted by TfL to HS2 Ltd by 15 November 2018 relating to bus service disruption.  

 

TfL had not submitted any claims to HS2 directly by this date. 

  

4, The total value of claims paid to TfL by HS2 Ltd by 15 November 2018 relating to bus service disruption.  

  

HS2 has not paid any such claims to TfL by this date.  

 

If you are not satisfied with this response please see the attached information sheet for details of your right to appeal. 

Yours sincerely, 

Melissa Nichols 

FOI Case Officer 

FOI Case Management Team 

General Counsel 

Transport for London

 

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