EIR request response (EIR 2004)

How a public authority outside Scotland handles a request for environmental information under the EIR 2004: any form of request, 20 working days extendable to 40, exceptions with the public interest test and the presumption in favour of disclosure, reconsideration and appeal.

Applies to: Public authorities under the EIR 2004, which can include bodies outside FOIA that have public environmental functions.
Instruments: EIR 2004, FOIA 2000
Steps: 8 steps, with a deadline calculator, including a step that carries a criminal offence.

Deadline calculator

Environmental information request (EIR 2004)

20 working days from receipt, extendable to 40 where the request is complex and voluminous. Working days counted as for FOIA.

Date the request was received

Enter a date to calculate.

Basis: EIR 2004 regs 5(2) and 7. Bank holidays for 2025 to 2028, by the standard calendar rules. A calculator, not advice.

EIR reconsideration (EIR 2004)

Respond to representations asking for reconsideration within 40 working days of receiving them. The applicant has 40 working days to make them.

Date the representations were received

Enter a date to calculate.

Basis: EIR 2004 reg 11. Bank holidays for 2025 to 2028, by the standard calendar rules. A calculator, not advice.

Mechanics

Item	Position
Deadline	20 working days, extendable to 40 if complex and voluminous (regs 5 and 7)
Form	Any form, including verbal
Presumption	In favour of disclosure (reg 12(2))
Reconsideration	Representations within 40 working days; response within 40 working days (reg 11)
Appeals	Information Commission, then First-tier Tribunal

Steps

Recognise the request and its regime

A request can be made in any form, including verbally, and need not cite the EIR. If the information is environmental, the EIR apply even if FOIA was cited.

See EIR 2004
Set the deadline

20 working days from receipt. Extend to 40 working days only if the complexity and volume make 20 impracticable, and tell the applicant within the 20 days.

See EIR 2004
Advise and assist

Give reasonable advice and assistance (reg 9). A request formulated too generally needs help to clarify before reg 12(4)(c) can be relied on.

See EIR 2004
Charge only reasonably

Any charge must be reasonable; there is no charge for inspecting public registers (reg 8).

See EIR 2004
Apply exceptions with the presumption

Each exception in reg 12(4) and (5) is subject to the public interest test, read with the presumption in favour of disclosure. Information on emissions cannot be withheld under reg 12(5)(d) to (g). Third-party personal data goes through reg 13.

See EIR 2004
Respond or refuse in writing

Refuse in writing within the time limit, giving the exception, the public interest reasoning and the right to make representations (reg 14).

See EIR 2004

Criminal offence Altering or destroying a record to prevent its disclosure after a request is an offence under EIR reg 19.
Reconsider on representations

The applicant has 40 working days to make representations. Reconsider and respond within 40 working days (reg 11).

See EIR 2004
Tell the applicant about escalation

They can then complain to the Information Commission and appeal to the First-tier Tribunal, through the FOI machinery applied by reg 18.

See EIR 2004

Checklists and tools for this procedure

Which access regime applies?

Decision tool

Route an information request to the right law and regulator: subject access, FOIA, EIR, FOISA or the Scottish EIR.