Transport for the North (Private companies) [2022] UKICO 125981 (24 October 2022)
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Transport for the North
The complainant has requested correspondence with the Secretary of State for Transport and with the Northern Transport Acceleration Council. The above public authority stated that it did not hold some of the information and relied on regulation 12(5)(e) of the EIR (commercial confidentiality) to withhold that which it did hold. The Commissioner’s decision is that the information the public authority has identified as being exempt does not fall within the scope of the request. He is also satisfied that, on the balance of probabilities, the public authority holds no information within the scope of elements 2 and 3 of the request. In respect of element 1, the Commissioner is not satisfied that the public authority has complied with its obligations under regulation 5(1) of the EIR. The Commissioner requires the public authority to take the following steps to ensure compliance with the legislation: issue a fresh response to element [1], using the interpretation set out in paragraph 21 of this decision notice. The public authority must either disclose copies of the information that it holds or issue a refusal notice stating the EIR exception it is relying on to withhold information. If the public authority is satisfied that it holds no information, it should issue a refusal notice relying on Regulation 12(4)(a) of the EIR.
EIR 5(1):
Complaint partly upheld
Decision notice: 125981
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URL: http://www.bailii.org/uk/cases/UKICO/2022/125981.html
