Environmental Information Regulations 2004
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Citation and commencement
Citation and commencement 1 These Regulations may be cited as the Environmental Information Regulations 2004 and shall come into force on 1st January 2005.
Section 2 — Interpretation
Interpretation 2 1 In these Regulations— “ the Act ” means the Freedom of Information Act 2000 ; “applicant”, in relation to a request for environmental information, means the person who made the…
Section 3 — Application
Application 3 1 Subject to paragraphs (3) and (4), these Regulations apply to public authorities. 2 For the purposes of these Regulations, environmental information is held by a public authority if…
Section 4 — Dissemination of environmental information
Dissemination of environmental information 4 1 Subject to paragraph (3), a public authority shall in respect of environmental information that it holds— a progressively make the information available…
Section 5 — Duty to make available environmental information on request
Duty to make available environmental information on request 5 1 Subject to paragraph (3) and in accordance with paragraphs (2), (4), (5) and (6) and the remaining provisions of this Part and Part 3…
Section 6 — Form and format of information
Form and format of information 6 1 Where an applicant requests that the information be made available in a particular form or format, a public authority shall make it so available, unless— a it is…
Section 7 — Extension of time
Extension of time 7 1 Where a request is made under regulation 5, the public authority may extend the period of 20 working days referred to in the provisions in paragraph (2) to 40 working days if it…
Section 8 — Charging
Charging 8 1 Subject to paragraphs (2) to (8), where a public authority makes environmental information available in accordance with regulation 5(1) the authority may charge the applicant for making…
Section 9 — Advice and assistance
Advice and assistance 9 1 A public authority shall provide advice and assistance, so far as it would be reasonable to expect the authority to do so, to applicants and prospective applicants. 2 Where…
Section 10 — Transfer of a request
Transfer of a request 10 1 Where a public authority that receives a request for environmental information does not hold the information requested but believes that another public authority or a…
Section 11 — Representations and reconsideration
Representations and reconsideration 11 1 Subject to paragraph (2), an applicant may make representations to a public authority in relation to the applicant’s request for environmental information if…
Section 12 — Exceptions to the duty to disclose environmental information
Exceptions to the duty to disclose environmental information 12 1 Subject to paragraphs (2), (3) and (9), a public authority may refuse to disclose environmental information requested if— a an…
Section 13 — Personal data
Personal data 13 1 To the extent that the information requested includes personal data of which the applicant is not the data subject, a public authority must not disclose the personal data if— a the…
Section 14 — Refusal to disclose information
Refusal to disclose information 14 1 If a request for environmental information is refused by a public authority under regulations 12(1) or 13(1), the refusal shall be made in writing and comply with…
Section 15 — Ministerial certificates
Ministerial certificates 15 1 A Minister of the Crown may certify that a refusal to disclose information under regulation 12(1) is because the disclosure— a would adversely affect national security;…
Section 16 — Issue of a code of practice and functions of the Commissioner
Issue of a code of practice and functions of the Commissioner 16 1 The Secretary of State may issue, and may from time to time revise, a code of practice providing guidance to public authorities as…
Section 17 — Historical and transferred public records
Historical and transferred public records 17 1 Where a request relates to information contained in a historical record other than one to which paragraph (2) applies and the public authority considers…
Section 18 — Enforcement and appeal provisions
Enforcement and appeal provisions 18 1 The enforcement and appeals provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of the Act but with the…
Section 19 — Offence of altering records with intent to prevent disclosure
Offence of altering records with intent to prevent disclosure 19 1 Where— a a request for environmental information has been made to a public authority under regulation 5; and b the applicant would…
Section 20 — Amendment
Amendment 20 1 Section 39 of the Act is amended as follows. 2 In subsection (1)(a), for “regulations under section 74” there is substituted “environmental information regulations”. 3 After subsection…
Section 21 — Revocation
Revocation 21 The following are revoked— a The Environmental Information Regulations 1992 and the Environmental Information (Amendment) Regulations 1998 except insofar as these apply to Scottish…