Summary: The complainant submitted four requests to the Big Lottery Fund (the Fund) all of which focused on its decision not to award funding for a particular application under its Village SOS initiative. The Fund disclosed some information but withheld further information on the basis of sections 36(2)(b)(ii), 40(2) and 42 of the Act. The complainant subsequently contacted the Commissioner and it was agreed to focus the Commissioner-™s investigation on two issues: the application of section 42 to withhold one email and whether further information was held falling within the scope of the fourth request. In considering this complaint the Commissioner concluded that all of the requested information constituted environmental information and therefore the requests should have been handled under the Environmental Information Regulations (EIR). Nevertheless, the Commissioner is satisfied that the Fund does not hold any further information falling within the scope of the fourth request and furthermore that the Fund was entitled to rely on regulation 12(5)(b) -“ the EIR equivalent to section 42 -“ to withhold the email in question.
Section of Act/EIR & Finding: EIR 12.4.a - Complaint Not upheld, EIR 12.5.b - Complaint Not upheld, EIR 14 - Complaint Upheld