Dear Sir or Madam,

I am writing to request information under the Freedom of
Information Act 2000. The fact sheet [eir_factsheet.pdf] on your
website states that bodies subject to EIR include:

"• Any body or person carrying out a function of public
administration

• Any body or person under the control of a public authority who
has responsibility in relation to the environment. This includes
some private companies, public private partnerships, for example
companies involved in energy, water, waste and transport"

Please could send me a list of the names of any bodies or persons
known by the Commissioner's Office to be subject to EIR but not
subject to the Freedom of Information Act 2000.

Yours faithfully,

John Cross

Our Reference: FOI/940

Dear Mr Cross

Thank you for your correspondence dated 24 May 2008.

Your request is being dealt with in accordance with the Freedom of
Information Act 2000. We will respond by 24 June 2008 which is 20
working days from the day after we received your request.

Yours sincerely

Charlotte Powell

Charlotte Powell

Internal Compliance Manager

Information Commissioners Office

01625 545760

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http://www.ico.gov.uk or e-mail: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

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FOI/940

Dear Mr Cross

I write further to my e-mail dated 30 May 2008 and in response to your
request for a list of bodies that are subject to the Environmental
Information Regulations. As you are aware your correspondence has been
treated as a request for information under the Freedom of information
Act 2000.

The ICO does not hold any list of such bodies and nor does Defra which
was responsible for the legislation. However, the ICO has concluded that
the following bodies are covered by the EIR in relation to environmental
information and they are not public authorities for the purposes of the
Freedom of Information Act 2000:

Environmental Resources Management (DN FER0090259 - 07/06/06);

Port of London Authority (DN FER0086096 - 02/10/06);

South Downs Waste Services Limited (DN FS50114241 - 18/03/08); and,

Sutton and East Surrey Water (DN FER0118853 - 19/03/08).

The ICO also concluded that Network Rail was a public authority for the
purposes of the EIR in DN FER0071801 - 26/07/06 and DN FER0087031 -
26/07/06. However, these decisions were overturned by the Information
Tribunal in EA/2006/0061 and EA2006/0062 - 17/07/07.

The above Decision Notices can be viewed on the ICO website at:

http://www.ico.gov.uk/tools_and_resource...

And the Information Tribunal Decision can be viewed at:

http://www.informationtribunal.gov.uk/De...

You may also be interested to know that there is also some additional
guidance about the sort of body that may be covered on the Defra website
at the following link:

www.defra.gov.uk/corporate/opengov/eir/g...
e-2.pdf
<http://www.defra.gov.uk/corporate/opengo...
/guidance-2.pdf>

I hope this information is helpful, however, If you are dissatisfied
with the response you have received and wish to request a review of our
decision or make a complaint about how your request has been handled you
should write to the Internal Compliance Team at the address below or
e-mail [email address]
<mailto:[email address]>

Your request for internal review should be submitted to us within 40
working days of receipt by you of this response. Any such request
received after this time will only be considered at the discretion of
the Commissioner.

If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further
right of appeal to this office in our capacity as the statutory
complaint handler under the legislation. To make such an application,
please write to the Senior Complaints Resolution Manager, Complaints
Resolution Team at the address below or e-mail [email address]
<mailto:[email address]> .

A copy of our review procedure is attached for your information.

Yours sincerely

Charlotte Powell

Internal Compliance Manager

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http://www.ico.gov.uk or e-mail: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

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Our Reference: FOI/964

Dear Mr Maclean

Thank you for your correspondence dated 19 June 2008.

Your request is being dealt with in accordance with the Freedom of
Information Act 2000. We will respond by 18 July 2008 which is 20
working days from the day after we received your request.

Yours sincerely

Charlotte Powell

Internal Compliance Manager

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http://www.ico.gov.uk or e-mail: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

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