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EIR meaning

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What does EIR mean?
In practice, EIR refers to making and handling requests for access to environmental information. In England, Wales and Northern Ireland this is governed by the Environmental Information Regulations 2004 (SI 2004/3391); Scotland has the Environmental Information (Scotland) Regulations 2004 (SSI 2004/520). In Ireland, the parallel regime is the Access to Information on the Environment (AIE) Regulations. These are legislative schemes implementing the Aarhus Convention and Directive 2003/4/EC and remain in force. They give a right to obtain environmental information held by public authorities and certain other bodies performing public functions or providing services relating to the environment. “Environmental information” is defined broadly (for example, information on air, water, land, noise, emissions, policies, plans and activities affecting the environment). Core features include: a presumption in favour of disclosure; a 20‑working‑day time limit (extendable to 40 for complex or voluminous requests); a duty to advise and assist; and refusal only where a specified exception applies and, in most cases, the public interest in withholding outweighs that in disclosure. Special rules favour disclosure of emissions information. Personal data is dealt with under data protection law. Reviews and appeals lie to the ICO (E/W/NI), the Scottish Information Commissioner (Scotland) and the OCEI (Ireland).
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View the related News about EIR

NEWS
Abbot v Information Commissioner [2024] UKFTT 478 (GRC): EIR 2004 reg 12(5)(b) justifies withholding privileged planning advice; ICO decision upheld

Abbot v The Information Commissioner [2024] UKFTT 478 (GRC) What are the practical implications of this case? This ruling mirrors the approach in other recent decisions on the operation of the exception to disclosure under EIR 2004, SI 2004/3391, reg 12(5)(b), again stressing the considerable weight that legal professional privilege carries within our justice system. It therefore highlights the obstacles applicants will encounter when attempting to access documents protected by legal professional privilege, and that only ‘special or unusual’ circumstances are likely to be sufficient for the public interest in disclosure to prevail over the interest in preserving legal professional privilege. That said, legal professional privilege was not the Tribunal’s only concern when concluding that EIR 2004, SI 2004/3391, reg 12(5)(b) applied. The Tribunal indicated that the exception would have been engaged even without legal professional privilege, particularly because releasing the material would not have added anything of substance to what is already in the public domain. As such, the analysis turned on whether disclosure would materially add...

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NEWS
UK Public Law weekly: Supreme Court upholds Russia sanctions; unlawful Public Order Act regulations; key JR and FOI/EIR rulings; UK-France migration treaty; AI regulation; HMCTS evidence system failures

In this issue Equality and human rights Judicial review Information law International law Other public law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Equality and human rights Supreme Court rules on first Russia sanctions challenge (Shvidler v Foreign Secretary) The Supreme Court concluded, by a 4–1 majority, that the sanctions applied by the Secretary of State for Foreign, Commonwealth and Development Affairs to Mr Shvidler, and, unanimously, that the actions taken by the Secretary of State for Transport against the yacht M/Y Phi owned by Dalston Projects, introduced immediately after Russia’s invasion of Ukraine, were proportionate and lawful notwithstanding the recognised impact on the appellants’ rights under the European Convention on Human Rights. In a robust dissent, Lord Leggatt criticised the majority’s stance in Mr Shvidler’s appeal, holding that the measures against him, as a UK national, were disproportionate and thus unlawful. With...

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NEWS
UK Public Law Weekly: key judgments on human rights, equality, procurement and FOI; OSA categorisation challenge; digital ID policy; Brexit SIs; PPE Medpro judgment; justice system reforms

In this issue: Public Law case law quarterly—Q3 2025 Equality and Human rights Constitutional and administrative law Brexit SIs Post-Brexit transition guidance Judicial review Public procurement Public sector contracts State security and intelligence Information law Other Public law news LexTalk®Public Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Public Law case law quarterly—Q3 2025 The quarterly Public Law case law round-up presents and evaluates significant judgments brought together by the Lexis+® UK Public Law team each quarter. Marking 25 years since the Human Rights Act 1998 took effect, this edition begins with insight into recent human rights jurisprudence. See News Analysis: Public Law case law quarterly—Q3 2025. Equality and Human rights ECtHR rejects prisoner voting claim—Hora v UK In Hora v United Kingdom (Application no 1048/20), the European Court of Human Rights...

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View the related Practice Notes about EIR

PRACTICE NOTES
Environmental Information under the EIR 2004: definition, FOIA boundary, key categories, and case law on planning, land disposal, tolling and financial viability

Grasping what counts as environmental information is central to environmental regulation, as it dictates whether an information request is handled under the Freedom of Information Act 2000 (FOI 2000) or the Environmental Information Regulations 2004, SI 2004/3391 (EIR 2004). Where the material sought fits the definition of environmental information, the request must be dealt with under the EIR 2004. This Practice Note explores the statutory meaning of environmental information and draws on published guidance and case law to illustrate when material has been deemed environmental, including disputed categories such as: financial viability assessments road tolling information information regarding a public authority's decision to dispose of land The Information Commissioner’s Office has issued a Guide to the EIR for staff in public authorities or those with day-to-day responsibility for environmental information. 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 in the Access to Environmental Information Directive 2003/4/EC....

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PRACTICE NOTES
FOI refusals for vexatious or repeated requests: applying the Freedom of Information Act 2000 s 14 and EIR 2004 ‘manifestly unreasonable’ exception, with ICO guidance and case law

This Practice Note reviews the provisions for declining vexatious or repeated requests under section 14 of the Freedom of Information Act 2000 (FIA 2000). Vexatious or repeated requests―scope of the exemption Section 14 sits within FIA 2000, Pt I, which prescribes in detail how requests made under the statute should be managed. Although it is not included among the right to know exemptions listed in FIA 2000, Pt II, in practice it operates to the same effect, as it allows a public authority to refuse a request for information in specified circumstances. section 14(1) effectively releases public authorities from the duty set out in FIA 2000, s 1(1), namely to confirm whether information is held and, if it is, to disclose it to the requester. This applies where the request is vexatious. FIA 2000 does not further define ‘vexatious’ section 14(2) provides the mechanism for public authorities to reject requests that are repeated. Specifically, it applies where the authority has already supplied the information,...

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PRACTICE NOTES
Great Britain Energy Labelling under Assimilated Regulation (EU) 2017/1369: scope, supplier/dealer duties, Secretary of State powers, rescaling, delegated acts, designated standards, market surveillance and enforcement; Northern Ireland divergence

Assimilated Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (GB Energy Labelling Regulation) Entry into force: 1 August 2017 Subject: Energy labelling; energy efficiency of products In GB, compulsory energy labelling is set by: Assimilated Regulation (EU) 2017/1369 (the GB Energy Labelling Regulation) Energy Information Regulations 2011 (EIR 2011) Ecodesign for Energy-Related Products and Energy Information Regulations 2021, SI 2021/745 In-scope products must meet the information and labelling duties contained in these measures. The EU Energy Labelling Regulation (Regulation (EU) 2017/1369) still applies in Northern Ireland post-Brexit. For more on Northern Ireland, see Practice Note: What does the Northern Ireland Protocol (Windsor Framework) mean for the application of environmental law? DESNZ and the Office for Product Safety and Standards have issued guidance for suppliers and dealers outlining the differing requirements in Great Britain and Northern Ireland. ...

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PRECEDENTS
Public authority–contractor information request and disclosure clause under FOIA 2000, EIR 2004 and DPA 2018

Definitions 1 In this Agreement, unless context requires otherwise, the terms and phrases below carry the meanings given: 1.1 ‘Code of Practice’ refers to the Code of Practice concerning the discharge of duties by public authorities under the Environmental Information Regulations 2004 (SI 2004/3391), issued pursuant to Regulation 16 of those Regulations, February 2005; 1.2 ‘DPA 2018’ means the Data Protection Act 2018 (2018/c.12) (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 (2000/c. ...

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