Environmental Information Regulations (EIR) 2004

The Environmental Information Regulations 2004 (EIR) came into effect on 1 January 2005 and apply to all public authorities.

The Information Commissioner has ruled that water and sewerage companies such as Thames Water are not public authorities subject to the requirements of the Environmental Information Regulations (EIR) 2004. The reasons for this are set out in a letter from the Information Commissioner dated 12 March 2010.

 Letter from the Information Commissioner, 12 March 2010 (1.46Mb)

Thames Water's policy for dealing with information requests is under review. We recognise that the environmental information we hold may be of interest to a wide range of people. This decision does not affect Thames Water's obligations under other legislation or the way it is regulated.

If you have a question on an environmental matter, Thames Water will consider requests for information on a voluntary basis and will try to provide relevant information where it considers it to be appropriate and reasonable.

Environmental information

The definition of "environmental information" in the EIRs is wide and includes written, electronic, visual or audio information 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 or may be affected by the state of the environment, or factors, measures or activities affecting the environment.

However, the definition of "environmental information" does not include information that does not presently exist, or does not presently exist but could be created by manipulating existing information or carrying out further research.

Requests

Requests can be made by anyone and do not have to be in writing. A request for environmental information can be made in person, or by telephone, email or any other means of communication.

There is also no requirement to refer specifically to, or state that the request is made under, the EIRs, nor to give any reasons for the request or the proposed use of the information requested. It will, however, help us 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 or electronically, or to inspect the information at our offices.

Making a request

You can make a request for environmental information by contacting us:

By email

Use our online form to send us an enquiry.

 Complete our online enquiry form

Please ensure that "EIR request" is mentioned in the subject heading.

By phone

Please call our 24-hour Customer Centre on 0845 9200 800 (Minicom or Typetalk: 0845 7200 898).

By post

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

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 of the request being received (or 40 working days if the matter is particularly complex, or the amount of information requested is voluminous - see below).

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 because the information requested does not exist or it is believed 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 - i.e.: 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

Within 20 working days of receiving your request, Thames Water will either provide the information requested, or advise you that the information does not exist, that we believe that it may be held by another public authority, that we need to consult with a third party who has provided / has rights in the information requested, that we require further particulars from you in order to respond to a request or that there is an exception to disclosure. The deadline for our response can be extended to 40 working days where the request is complex or voluminous, although we will always provide you with an acknowledgement or update within the first 20 working days. If we decide to levy a charge for providing the information, then the time in which we must respond will be suspended between the date on which we request payment and the date on which we receive payment.

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 requested comprises incomplete data or material that is still in the course of completion, e.g. draft documents
• The request involves the disclosure of internal communications

Disclosure would adversely affect:

1. International relations, defence, national security or public safety.
2. The course of justice, the ability to receive a fair trial or the ability to conduct a criminal or disciplinary inquiry.
3. Intellectual property rights.
4. Confidentiality of proceedings provided by law.
5. Commercial or industrial confidentiality.
6. 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 entitle disclosure by the public authority apart from the EIR, and the person has not consented to disclosure.
7. Protection of the environment.

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

A request for environmental information can also be refused, in specified circumstances, where the Information requested includes personal data and the requestor is not the data subject.

Reviews

If you consider that your request has not been dealt with by Thames Water in accordance with the EIRs, you have the right to request an internal review of the decision.

You should write with details of any request for a review to:

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

Please quote: "Environmental Information Regulations Review" in your correspondence.

The review will be conducted by Thames Water personnel not involved in the original decision on your request, and an acknowledgement of your request for a review or, where possible, a substantive reply, shall be sent to you within ten working days of receiving your request for a review. In any event, a substantive reply explaining the outcome of the review shall be sent to you no later than 40 working days from the date on which the request for a review was received.

If you are not satisfied with our decision following the internal review, you may take the matter to the Information Commissioner, whose details are as follows:

Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: 01625 545 745
Fax: 01625 524 510

Email: mail@ico.gov.uk

Charges and fees

The EIRs allow public authorities to make a reasonable charge for providing environmental information.

Please note that Thames Water provides various commercial information services, including for example, the supply of water and drainage asset information, at commercial rates. Details will be provided when responding to particular requests.

Where a charge is to be levied for the provision of information, a Fees Notice requesting payment will be issued and no further action will be taken until the charge has been received.

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
• Nominal staff time spent in determining whether the information is held, locating and retrieving it, and extracting and producing it

You may have to pay for:

• Exceptional amounts of staff time in determining whether the information is held, locating and retrieving it, and extracting and producing it.
  
  Disbursements including:

1. 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)
2. Copying to different media including photographic prints, scanning to CD-ROM, etc: details will be provided when responding to the particular request
3. Postage or other delivery charges

Thames Water may exercise its discretion to waive charges if the total charge is less than £10. Where the charge exceeds this limit, then the full charge, inclusive of the first £10, shall be payable.