Definitions 1 In this Agreement, unless the context otherwise requires, the following words and expressions have the corresponding meaning: 1.1 ‘Code of Practice’ means the Code of Practice on the discharge of the obligations of public authorities under the Environmental Information Regulations 2004, SI 2004/3391, issued under Regulation 16 of the regulations, February 2005; 1.2 ‘DPA 2018’ means the Data Protection Act 2018 (DPA 2018) (as amended); 1.3 ‘EIR 2004’ means Environmental Information Regulations 2004, SI 2004/3391 (as amended); 1.4 ‘FIA 2000’ means the Freedom of Information Act 2000 (FIA 2000) (as amended); and 1.5 ‘Information’ means any and all terms or conditions of this agreement

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. 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 comply with the EIR. On receiving a complaint, the public authority must (free of charge): • consider the complaint and any supporting evidence produced by the complainant • decide whether it has complied with the relevant requirement Public

Updated in partnership with Patrick Senior of Stephenson Harwood Where requests under the Environmental Information Regulations 2004 (EIR 2004), SI 2004/3391 are phrased clearly and unambiguously, the public authority has 20 working days to provide the requested information. For more information on requests, see Practice Notes: Environmental Information Regulations 2004—requesting information, and Environmental Information Regulations 2004—what is environmental information? Where the request is unclear, the EIR 2004 requires a public authority to issue a refusal notice under regulation 12(4)(c)—that the request for information is formulated in too general a manner—within 20 working days and at the same time provide advice and assistance to clarify the request so as to enable the authority to identify and locate the information requested. Reading objectively When interpreting whether a request is unclear or ambiguous, a public authority must take an objective approach and take the words of the request at their 'face value'. A request may be formulated in too general a manner if it: • has more than one possible interpretation or • is not specific enough to allow the

The Environmental Information Regulations 2004, SI 2004/3391 (EIR 2004) give rights of public access to environmental information held by public authorities. The presumption in favour of disclosure of environmental information under EIR 2004 is subject to various exceptions. The majority of these exceptions are found in regulation 12 of EIR 2004. For more on environmental information, see Practice Note: Environmental Information Regulations 2004—what is environmental information? For further information on when a request for environmental information can be refused, see: Information Commissioner’s Office ‘When can we refuse a request for environmental information?’ and Q&A: Is there any case law or guidance, other than the cases of Fish v Legal and Attorney-General for the Prince of Wales v the IC, as well as guidance published by the ICO, that provides further guidance as to what constitutes ‘control’ in the definition of public authority in the Environmental Information Regulations 2004, s 2(2)(d)? If a public authority deems that information falls within one or more of the regulation 12 exceptions, the public authority must then assess the public interest

The Environmental Information Regulations 2004, SI 2004/3391, as variously amended, (EIR 2004) pose a risk to businesses through exposure of sensitive commercial information. However, the EIR 2004 can also be used to provide business with access to commercially valuable information. A business is most at risk in two main instances: (1) when a private business is deemed a public authority; or (2) when a private business interacts with a public authority. This Practice Note outlines methods that businesses may use to protect against unwanted disclosure of information, and how businesses may use the EIR 2004 to their advantage. For more on EIR 2004, see Practice Notes: • Environmental Information Regulations 2004—what is environmental information? • Environmental Information Regulations 2004—request for environmental information • Environmental Information Regulations 2004—responding to a request • Environmental Information Regulations 2004—clarifying requests • Environmental Information Regulations 2004—exceptions • Differences between Environmental Information Regulations and Freedom of Information Act • Environmental Information Regulations 2004—appeals and enforcement When is a business considered to be a public authority? It

1. Name of applicant [insert details] 2. If the applicant is requesting info on behalf of a third party, third party’s name [insert details] 3. Address for the information to be sent to [insert details] 4. Email [insert details] 5. Phone [insert details] 6. Date of request [insert details] 7.

[Insert name of public authority] [Insert public authority's address, including postcode] [Insert public authority’s email address or email address of particular public authority employee/officer] For the attention of: [if you have the name of a particular employee/officer

This Practice Note outlines guidance for private practitioners making an information request, public authorities receiving a request, fees chargeable, the format of disclosure and practical advice to minimise the costs and time involved in requesting information. For more information on Environmental Information Regulations 2004, SI 2004/3391 (EIR 2004), see Practice Notes: • Environmental Information Regulations 2004—what is environmental information? • Environmental Information Regulations 2004—clarifying requests • Environmental information regulations 2004—exceptions • Differences between Environmental Information Regulations and Freedom of Information Act • Environmental Information Regulations 2004—issues for businesses When requesting information, a request that is tightly constrained in scope will use public authority resources more efficiently, generally lead to a faster response, reduce the number of irrelevant documents disclosed and ultimately save client money. Making a request Any person or organisation may apply for environmental information. No interest or reason is required and the application can be made from anywhere in the world. Requests can be made verbally, by letter, by email, or even via social media. Larger public authorities will probably have a designated

When responding to a request for information, the first step will often be to determine whether the information requested is environmental information, and therefore whether the request falls within the remit of the Environmental Information Regulations 2004, SI 2004/3391 (EIR 2004) or the Freedom of Information Act 2000 (FIA 2000). For more guidance on this initial step, see Practice Note: Environmental Information Regulations 2004—what is environmental information? This Practice Note focuses on the further steps that a public authority should take on receiving a request for environmental information. The role of information officers and teams in public authorities Public authorities should ensure that their employees and contractors are aware of the obligations placed on them by the EIR 2004 so that they understand the significance of requests for information. For more information, see paragraph 1 of the Code of Practice on the Discharge of the Obligations of Public Authorities under the Environmental Information Regulations 2004 (also known as the Regulation 16 Code of Practice, as the Code is laid before Parliament pursuant

Understanding what environmental information includes is fundamental to environmental regulation because it will determine whether a request for information will be considered under the Freedom of Information Act 2000 (FIA 2000) or the Environmental Information Regulations 2004, SI 2004/3391 (EIR 2004). Where information falls within the definition of environmental information, the EIR 2004 apply in preference to FIA 2000. This Practice Note examines the statutory definition of environmental information, and provides examples from published guidance and case law of when information has been held to be environmental information—covering such contentious areas as: • financial viability assessments • road tolling information and • information regarding a public authority's decision to dispose of land The Information Commissioner’s Office has published a Guide to the EIR, for those who work for a public authority or have day-to-day responsibility for environmental information. The ICO periodically updates this guidance and publishes revised sections online. Regulatory definition of environmental information Environmental information is defined in regulation 2(1)(a)-(f) of the EIR 2004 as having the same meaning as set out