Environmental Information Regulations 2004—clarifying requests
Published by a LexisNexis Environment expert
Practice notesEnvironmental Information Regulations 2004—clarifying requests
Published by a LexisNexis Environment expert
Practice notes
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
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Jurisdiction(s):
United Kingdom
Key definition:
Public authority definition
What does Public authority mean?
A body substantially publicly funded which performs statutory duties, objectives and other activities consistent with central or local governmental functions.
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