Information Commissioner's Office

Department for Business Enterprise and Regulatory Reform

23 October 2008, Central government

The complainant requested a copy of a draft purchase order relating to the compulsory purchase of his father’s land. The public authority wrote to the complainant requesting further information in order to determine if the information was held. Following receipt of this further information from the complainant the public authority wrote to the complainant confirming that the information requested was not held. The Commissioner has investigated and has determined that the requested information if held, would be environmental information and therefore the request should have been dealt with under the Environmental Information Regulations. The Commissioner found that in accordance with regulation 3, the requested information is not held. However, the Commissioner found that BERR breached the requirements of regulation 10(1), 14(1), (2), (3) and (5) and 9(2).

EIR 3: Not upheld EIR 9: Upheld FOI 10: Upheld