Environmental Information Regulations 2004—appeals and enforcement
Produced in partnership with Patrick Senior of Stephenson Harwood

The following Environment practice note produced in partnership with Patrick Senior of Stephenson Harwood provides comprehensive and up to date legal information covering:

  • Environmental Information Regulations 2004—appeals and enforcement
  • Brexit impact
  • How and when should a requestor complain?
  • Internal complaints procedure
  • Appeal against outcome of internal complaints procedure
  • Outcomes from complaint to ICO
  • Decision notices
  • Information notices
  • Enforcement notices
  • Compliance with notices—contempt of court
  • More...

Environmental Information Regulations 2004—appeals and enforcement

A requestor, or more appropriately a complainant, may complain about the way a request for environmental information has been handled if they consider that a public authority has failed to comply with a requirement under the Environmental Information Regulations 2004, SI 2004/3391 (EIR 2004).

The first step is to raise the matter with the relevant public authority. If the issue is still unresolved, the further steps outlined in this Practice Note should be followed.

Brexit impact

11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. Any changes relevant to this content will be set out below. For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.

How and when should a requestor complain?

Internal complaints procedure

In the first instance, the complaint should be made to the relevant public authority itself, which is required to have in place a process to handle internal complaints. The complaint should be made within 40 working days after the date on which the complainant considers that the public authority failed to

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