Hayle Harbour Authority (Education) [2022] UKICO 155338 (2 December 2022)
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Hayle Harbour Authority
The complainant requested information from Hayle Harbour Authority (“HHA”) relating to the removal of sand at Hayle Harbour. HHA claimed that it did not constitute a public authority for the purposes of FOIA and was not therefore obliged to respond to the request. The complainant referred HHA to a decision notice from 2011 in which the Commissioner found that HHA is a public authority for the purposes of the EIR. HHA provided no further response. The Commissioner has considered whether HHA continues to be a public authority for the purposes of the EIR. The Commissioner’s decision is that HHA is a public authority for the purposes of the EIR and therefore bound by its provisions and that HHA did not deal with the request for information as required by the EIR. The Commissioner requires HHA to either disclose the requested information or issue a refusal notice meeting the requirements of regulation 14 of the EIR.
EIR 2(2)(c):
Complaint upheld
Decision notice: 155338
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URL: http://www.bailii.org/uk/cases/UKICO/2022/155338.html
