Environmental Information Regulations (EIR) 2004

The Environmental Information Regulations 2004 (EIR) come into force on 1st of January 2005 and apply to public authorities, including for the purposes of the EIR, Thames Water Utilities Limited ("Thames Water").

Environmental Information

The definition of Environmental Information is wide and includes written, electronic, visual or audio information held by Thames Water about :

  • The state of the elements of the environment, e.g. air, atmosphere, water, soil, land, landscape and natural sites, biological diversity and its components, including genetically modified organisms
  • Factors affecting the environment e.g. substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases
  • Measures (including administrative measures) and activities affecting or designed to protect the environment e.g. policies, legislation, plans, programmes, environmental agreements
  • Reports on the implementation of environmental legislation
  • Cost-benefit and other economic analyses and assumptions used within the framework of environmental measures and activities
  • The state of human health and safety, including the contamination of the food chain, conditions of human life, cultural sites and built structures in as much as they are affected by the state of the environment, or factors, measures or activities affecting the environment.

But does not include information that does not exist, or does not exist but could be created by manipulating existing information or does not exist until further research has been carried out.

Requests

Requests can be made by anyone and do not have to be in writing, and can be by telephone, in person, e-mail or other means of communication.

There is also no requirement to refer specifically to or state that the request is made under the Environmental Information Regulations nor to give any reasons for the request or the proposed use of the information requested - it will, however, help to process the request more efficiently if "Environmental Information Regulations" or "EIR" is mentioned when making the request.

It is also open to the person making the request to ask for information to be provided in a certain format, such as a paper copy, electronically or to inspect information.

Making a Request:

You can make a request for information by contacting Thames Water as detailed below, and if the information exists and there is no exception to disclosure, the information will be provided to you as soon as possible and in any event within 20 working days :

1) send a letter by writing to:

Environmental Information Requests
Thames Water
Customer Centre
PO Box 436
Swindon
SN38 1TU

2) telephone us on: 0845 9200 800 

3) email us at Customer.Feedback@thameswater.co.uk. Please ensure that "EIR request" is mentioned in the subject heading.

In all cases, it will help process the request more efficiently if "Environmental Information Regulations" or "EIR" is mentioned when making the request

If the information cannot be provided to you, for example if the information requested does not exist or if it is considered to be held by another public authority or there is an exception to disclosure, you will be contacted.

When making a request for information please include the following details:

  1. The information you would like to access
  2. The format you would prefer - ie: paper, electronic, inspection at Thames Water offices (by appointment)
  3. Your name and address / telephone number so that you can be contacted

Time for response

The timescale for advising whether the information does not exist or if it considered to be held by another public authority or in which to consult with a third party who has provided / has rights in the information requested or if there is an exception to disclosure or to provide the information requested, is 20 working days. This refers to the time between receiving the request and making the response and this can be extended to 40 working days where the request is complex or voluminous. However, if there is a charge for the information, then the time to respond will begin once the payment has been received.

Normally. where a request has been made other than in writing, Thames Water will send you written confirmation of the terms of your request .

EIR Exceptions

A request for Environmental Information can be refused where there is an exception to disclosure and the public interest in maintaining the exception outweighs the public interest in its disclosure.

The exceptions are:

  • Information is not held when the request is received
  • The request is unreasonable
  • The request is too general
  • Information comprises incomplete data or is intended for future publication
  • The request involves the disclosure of internal communications
  • Information requested includes personal data where the requestor is not the data subject, in specified circumstances
  • Disclosure would adversely affect:

i) international relations, defence, national security and public safety;

ii) the course of justice, the ability to receive a fair trial or the ability to conduct a criminal or disciplinary inquiry;

iii) intellectual property rights;

iv) confidentiality of proceedings provided by law;

v) commercial or industrial confidentiality;

vi) the interests of a person providing environmental information where there is no legal obligation on the person to disclose the information supplied, they did not supply it in circumstances that entitles disclosure by the public authority apart from the EIR, and the person has not consented to disclosure.

vii) protection of the environment.

However, exceptions iv, v, vi and vii do not apply when the requested information applies to emissions.

Complaints

Where you have made a request and you are of the opinion that your request has not been dealt with in accordance with the EIR by Thames Water, you have the right to make a complaint under the Thames Water complaints procedure.

You should write with details of any complaint to:

Customer Complaints
Thames Water
Customer Centre
PO Box 436
Swindon
SN38 1TU

And quote: "Environmental Information Regulations Complaint"

Your complaint will be investigated by people not involved in your initial request and an acknowledgement or where possible a substantive reply to the complaint shall be sent to you within 10 working days of receiving your written complaint and in any event a substantive reply shall be sent to you by no later than 40 working days from the date that the complaint was first received. 

If you are not satisfied with a decision following the complaint procedure, you may take your complaint to the Information Commissioner whose details are as follows:

Information Commissioner,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire SK9 5AF

Telephone 01625 545745
Fax 01625 524510

Email mail@ico.gov.uk

Charges and Fees

Please note that the charges information set out below is correct as at 24 December 2004 and will be reviewed to comply with any fees or charges regulations that are published.

The EIR provide a discretion to make a reasonable charge for providing environmental information.

Please note that Thames Water provides a number of commercial information services, including for example, the supply of water and drainage asset information that are subject to commercial rates - details will be provided when responding to particular requests.

Where fees are required, a Fees Notice requesting payment will be issued and no further action will be taken until a fee is received. The time taken to pay the fees does not count as part of the 20 working day target for responding to requests, and it will be necessary to receive the due fee before providing the information requested.

You do not have to pay for:

  • information available on the Thames Water website
  • copies of any publication (e.g. leaflets or reports) already made available by Thames Water
  • inspecting public registers or examining information at Thames Water offices

You may have to pay for:

  1. staff time in determining whether the information is held, locating & retrieving it, and extracting and producing it, except where the time spent is minimal
  2. disbursements including:
  • printing or photocopying costs of 10 pence per page (A4 black & white); 20 pence per page (A3 black & white); 50 pence per page (A4 colour photocopying); £1.00 per page (A3 colour photocopying)
  • copying to different media including photographic prints, scanning to CD-ROM, etc- details will be provided when responding to the particular request
  • postage or other delivery charges

Thames Water may waive charges for disbursements for supplying information up to and including £10. Where disbursements exceed this limit, the full costs of disbursements, inclusive of the first £10 shall be payable.


See also

www.informationcommissioner.gov.uk