Information Tribunal rules on status of Network Rail | Practical Law

Information Tribunal rules on status of Network Rail | Practical Law

The Information Tribunal, upholding an appeal from a decision of the Information Commissioner (see Legal update, Information Commissioner ruling on status of Network Rail), has ruled that Network Rail does not constitute a public authority within the meaning of the Environmental Information Regulations 2004 (SI 2004/3391), and is therefore not required to respond to requests for environmental information made under those Regulations. In reaching its decision, the Tribunal adopted a narrow interpretation of the term "functions of public administration" used in the Regulations. This decision, coupled with the Information Commissioner's earlier decision that Network Rail was not a public authority for the purposes of the Freedom of Information Act 2000 (see Legal update, Information Commissioner ruling on status of Network Rail), means that Network Rail is not subject to any statutory obligation to respond to requests for information relating to its business. Case: Network Rail Limited v Information commissioner and others, 17 July 2007.

Information Tribunal rules on status of Network Rail

Practical Law UK Legal Update 8-376-2295 (Approx. 2 pages)

Information Tribunal rules on status of Network Rail

by PLC IPIT & Communications
Law stated as at 17 Jul 2007United Kingdom
The Information Tribunal, upholding an appeal from a decision of the Information Commissioner (see Legal update, Information Commissioner ruling on status of Network Rail), has ruled that Network Rail does not constitute a public authority within the meaning of the Environmental Information Regulations 2004 (SI 2004/3391), and is therefore not required to respond to requests for environmental information made under those Regulations. In reaching its decision, the Tribunal adopted a narrow interpretation of the term "functions of public administration" used in the Regulations. This decision, coupled with the Information Commissioner's earlier decision that Network Rail was not a public authority for the purposes of the Freedom of Information Act 2000 (see Legal update, Information Commissioner ruling on status of Network Rail), means that Network Rail is not subject to any statutory obligation to respond to requests for information relating to its business. Case: Network Rail Limited v Information commissioner and others, 17 July 2007.