Environmental Information Regulations 2004 in plain English

EIR is a separate access regime.

Where the information is environmental, the Environmental Information Regulations can apply instead of FOIA. The definition is broad and can cover information about environmental elements, measures, activities, emissions and related matters.

Do not import FOI exemptions mechanically.

EIR uses its own exceptions and has a strong presumption in favour of disclosure. The authority must apply the correct regime and explain any exception relied on.

Review and ICO routes remain important.

If dissatisfied, ask the authority to review its handling under the EIR procedure and then consider an ICO complaint where appropriate.

Internal review is a legal step, not merely good practice.

Regulation 11 gives a right to ask the authority to reconsider its handling. The authority must complete that reconsideration as soon as possible and within 40 working days; ICO guidance says 20 working days should be the aim in most cases. After that, the complaint can go to the ICO.

Exceptions are interpreted within a disclosure-favouring framework.

Regulation 12 exceptions generally carry a public-interest test and the Regulations contain a presumption in favour of disclosure. Personal data is dealt with separately under regulation 13. A public authority should consider partial disclosure where only some information is excepted.

The default deadline is 20 working days, with one important extension.

The authority can extend to 40 working days where the volume and complexity of the requested information make it impracticable to comply within 20 working days. It must notify you within the initial period. Unlike FOIA, there is no separate extension just to consider the public-interest test.

Requests can be more flexible than FOIA requests.

EIR requests do not have exactly the same form requirements as FOIA and the authority should help identify environmental information. If the material is environmental, it should be considered under EIR even if the requester happened to call the email an “FOI request”.

EIR is the specialist transparency regime for environmental information.

The Regulations implement a broad right of access to environmental information held by public authorities and certain bodies within scope. Environmental information can include the state of air, water, soil, land and biodiversity; emissions; measures and policies affecting them; cost-benefit analyses; and human-health/safety information where linked to environmental factors.

Official sources

Check the current source material.

ConsumerWise provides general information rather than individual legal advice. Check current rules, dates and eligibility against the official source before acting.