Canal and River Trust (Education) [2021] UKICO IC-44117 (11 June 2021)
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Canal and River Trust
The complainant has requested a report from the Canal & River Trust (the Trust) similar to Trust 433, Trust 445 and Trust 454, relating to reservoirs. The Trust denied holding the information until after the internal review when it stated that the information was held but refused to provide it, citing regulation 12(4)(e) of the EIR. During the Commissioner’s investigation the Trust also claimed a late reliance on regulation 12(4)(b) and 12(5)(a) of the EIR. The Commissioner first considered the Trust’s application of Regulation 12(4)(b) and decided that this exception is not engaged. She then went on to consider the application of regulation 12(4)(e). The Commissioner has decided that this exception is engaged and that the public interest rests in maintaining this exception. As she decided that regulation 12(4)(e) had been correctly applied, she did not go on to consider regulation 12(5)(a). However, the Trust breached regulation 14 of the EIR when it issued its refusal notice. The Commissioner does not require any further action to be taken.
EIR 12(4)(b):
Complaint upheld
EIR 12(4)(e):
Complaint not upheld
EIR 14:
Complaint upheld
Decision notice: IC-44117
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URL: http://www.bailii.org/uk/cases/UKICO/2021/ic-44117.html
