When you receive a request you must respond to the applicant in writing as soon as possible and within 20 working days. As with the Freedom of Information Act, the first day of the 20 is the first working day after the request was received.
Within that time you must either:
- make the information available;
- refuse to provide it with reference to the exceptions;
- ask for clarification;
- notify the applicant that there is a charge for making the information available; or
- inform the applicant that you need more time to respond because of the complexity or volume of the information. The time limit can be extended to 40 working days if the complexity or volume of the information requested means that it is impracticable to respond within 20 days, but if so, you must notify the applicant of this within 20 days.
If you have asked the requestor to clarify the request, the 20 days do not start until the day when you receive the clarification.
Unlike the Freedom of Information Act, under the Environmental Information Regulations the time limit cannot be extended to carry out the public interest test.
Our FAQs on the time for compliance explain the time limits in more detail.