Information Commissioner's Office

Northern Gas Networks Limited

13 June 2016, Private companies

The complainant has requested information on the number of gas escapes that Northern Gas Networks Limited (NGN) dealt with together with its policies for dealing with such escapes. NGN did not initially respond to the request. Therefore the complainant emailed NGN and asked it to carry out a review of its handling of the request under regulation 11. NGN has no record of having received that communication. As no review was conducted the complainant raised the matter with the Commissioner at which time NGN explained that it did not consider itself to be a public authority for the purposes of the EIR. However during the course of the Commissioner’s investigation, as a gesture of good will, it did disclose the information that it identified as falling within the scope of the request. The Commissioner considers that NGN is a public authority for the purposes of the EIR. It follows that it was required to deal with the request in accordance with regulations 5 and 11. NGN’s response to the request was outside the statutory time limit of twenty working days. This represents a breach of regulation 5(2). By not conducting an internal review, NGN breached regulation 11. In respect of the breach of regulation 11 the Commissioner requires NGN to contact the complainant and determine whether, in light of the information it has already disclosed, he still requires an internal review. If he does, NGN are required to conduct an internal review in accordance with regulation 11.

EIR 2(2)(c): Upheld EIR 5(2): Upheld EIR 11: Upheld